Cox v. Eckstrom

We pass by-the questions whether the present appellees are partners as they describe themselves in the complaint filed before the justice; whether, if not partners, they can still maintain tMs suit; and whether the instrument called a lease in the foregoing statement is indeed a lease within the meaning of our statutes, or is merely a sale of coal. The main questions in the case are, first, have the terms of this lease been forfeited, and if so, second, could appellant lawfully re-enter as he did, or must he surrender possession to appellees because he entered unlawfully.

The proof is clear…