Stuart v. Adams

Citations

• 89 Cal. 367
• 26 P. 970
• 1891 Cal. LEXIS 824

Syllabus

<p>Mining Partnership — Extent of Liability of Members. — A member of a mining partnership is liable to third persons, in respect to the obligations of the partnership, jointly with his copartners, for the full amount of indebtedness justly chargeable to the partnership, and not merely for a pro rata share of such indebtedness proportionate to his interest.</p> <p>Id. — Authority of Superintendent.—A superintendent of a mine has the right to purchase, for the partnership, necessary supplies and materials for the usual working of the mine, without express authority.</p> <p>Id. — When Partnership Arises — Contract to Work Mine on Shares. — A mining partnership arises only when the owners of a mine engage together in working it; and a mere contract by which a third person agrees with them to work the mine and pay one half the expenses thereof, and receive one half the product of the mine for his labor, does not constitute a mining partnership between the parties to the contract, but is a contract for working the mine on shares.</p>