Schmidt v. Horton

The complaint is fatally defective in that it states facts which only establish, prima facie, a mere executory agreement between plaintiff and defendants "to combine their efforts and means in prospecting for, discovering and locating mines and mining claims, and that they should be equal partners in all of such locations and own in equal shares any and all such mining claims and mines so discovered, or in any manner acquired by either of them," but wholly fails to state any facts which establish or tend to establish that such agreement was ever executed or that such partnership was ever…