Schaffer v. Loveland

Opinion by

Mr. Justice Teller:

The plaintiffs in error were co-partners under the name of The Schaffer Clay and Coal Company, and were engaged in mining and shipping clay from land belonging to the defendants in error, and lea-sed to Schaffer by an instrument in writing under seal.

The judgment now sought to be reversed was entered in an action by defendants in error against said firm for royalties on clay taken from said land.

The principal error urged is in the admission in evidence of the said lease against both defendants it b.eing signed by only one of them and making no reference to the…