Whitson's Adm'r v. Smith

The plaintiff and defendant became joint tenants, by a lease from the corporation of the town of Bastrop, for the term of ten years, of the use of as much pine timber in the Pinery, as could be sawed up by two saws, for which they were to pay five hundred dollars per year, at half yearly payments, amounting to five thousand dollars for the term.

There was a verbal contract between the two, of partnership, to be equal in the expenditures and the profits. Whit-son not being able to pay anything towards the purchase of the mills, nor for putting them in operation, it was agreed between them, that…