Horace Gray

“ It dose not authorize either party, without the consent of the other, to sell any property or to contract any debts on behalf of both. If the enterprise proves nusuccessful, the contract does not provide or contemplate that Shaeffer shall share the loss; and the phrase, 'said Shaeffer or assigns,' in the last clause, (unless supposed to be inadvertently inserted,) is hardly consistent with the idea of a partnership. There is great difficulty, therefore, in the way of construing this contract as creating a partnership botween Blair and Shaeffer. ”

“ The decree of the circuit court adjudging that Shaeffer has no title or interest in the lands is therefore erroneous, and must be reversed; and the case is to be remanded to that court, with directions to order that the lands, or so much thereof as may be necessary to pay and satisfy the sums due to the plaintiff for advances and expenses, be forthwith sold, and the proceeds applied to the payment of those sums; and that any lands or proceeds remaining after so reimbursing the plaintiff between him and Shaeffer in the proportions aforesaid. ”