Cutting

In the spring of 1924 the appellee Bryan and one Merriam resided at Mt. Kisco-, in the state of New York, appellant Cutting in California, and defendant Mulford in Pennsylvania. Bryan and Mulford were associated together in the leather business in Philadelphia. Merriam and Cutting arc cousins, both admitted to the bar, and at the times mentioned the former was engaged in ihe real estate business and the practice of law at Mt. Kisco, and the latter in the promotion of mining enterprises in California. Through Merriam, Bryan became interested in mining properties in California, known as the Buzzard Hill group and controlled by Cutting, and in all subsequent dealings in respect thereto, and other properties, such interests and obligations as appear to be those of Bryan wore and were known to be the interests and obligations of both Bryan and Mulford jointly. After some negotiations a written memorandum was signed, April 18, 1924, by Merriam, Cutting, and Bryan, in which it was agreed that Cutting and Merriam were “to incorporate the Buzzard Hill Mine” for 1,000,000 shares, of which 600,000 were to be issued to them and 400,000 placed in the treasury, and upon certain conditions, not…