Miller v. Butterfield

Citations

• 79 Cal. 62
• 21 P. 543
• 1889 Cal. LEXIS 670

Syllabus

<p>Mining Partnership'— Construction of Contract—Parol Evidence. — A contract in writing between hotel-keepers and á mining prospector to share equally in all mines bought or found by them after its date, the prospector agreeing to offset his time against his hoard with the hotel-keepers, does not oblige the hotel-keepers to contribute toward the purchase of any particular mine, and makes them' tenants in common only of such mines as were'discovered and located' pending the agreement and while it was being performed, or such mines as Were purchased at the common expense of all the parties. They could not, one or more of them, allow one of their number to make a purchase with his own funds at his own risk without being obliged to reimburse him in case of loss, and yet claim the advantage of his bargain in case of gain.- This being the proper construction of the written contract, parol evidence is inadmissible to vary, enlarge, or extend its’ terms so as to give an interest to all the parties in property purchased wholly by one of them; to the purchase of which the cithers did not and could not contribute, and were in no wise bound to contribute, any share of the purchase-money.</p>