Gore v. McBrayer
California Supreme Court
Appeal from the Fifth District. Ejectment for an undivided eleventh part or interest in a quartz lead, known as-the “ Grizzly” claim.
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Appeal from the Fifth District. Ejectment for an undivided eleventh part or interest in a quartz lead, known as-the “ Grizzly” claim. Sometime previous to the discovery and taking up of the lead by McBrayer, he, with Gore, the respondent, and nine others—who were working a claim called the “ Blue Lead,” previously discovered by them, and being about one hundred and fifty feet from the “ Grizzly ” claim—had entered into a verbal agreement that they should prospect for quartz together, and “ if anything was discovered, all the company was to have an equal interest in it.” The appellant,…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
Ejectment for a mining claim.—Conceding, for the purposes of the decision, that a partnership for the purchase of mining claims is a partnership for dealing in land, and that the agreement must be in writing, within the Statute of Frauds, in order to entitle the several partners to any interest or share in the land purchased by one, still it seems to us that the appellants cannot avail themselves of this principle to defeat the plaintiff’s action.
It appears that the plaintiff, Gore, and defendant McBrayer and others, verbally agreed to prospect for quartz,…
2Cases cited1 opinion
- McGarrity v. ByingtonCalifornia Supreme Court · 1859
3Cited by25 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Neet v. HolmesCalifornia Supreme Court · 1944
- Thompson v. SprayCalifornia Supreme Court · 1887
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Moritz v. LavelleCalifornia Supreme Court · 1888
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