Majority
H~nus
British Columbia (1), reversing the judgment of the trial judge, Morrison C.J. S.C. (2) which awarded the appellant $100,000 and reducing the amount to $15,789 as against the respondent Laura McEwan and dismissing the action as against the respondent Daniel Lindeborg. The material facts of the case and the questions at issue are fully stated in the judgment now reported.
W. F. Chipman K.C. for the appellant.
Judgment of the Court
J.-The appellant Harris is a retired prospector. On the 25th of July, 1904, being then a free miner according to the Mineral Act of the province of British Columbia, he discovered and located a certain mining claim situated on the Salmon River, in the Stewart mining division of that province. He described it as the " Jumbo " and had it recorded under that name on the 8th of August, 1904. He did on the ground and recorded, in compliance with the statute, sufficient assessment work to keep the claim in good standing until the 9th of August, 1909.
In his action, the appellant alleged that in or about the month of June, 1908, while at Queen Charlotte Islands, he entered into an oral agreement with one James Proudfoot and one Hiram Stevenson whereby the latter were to do whatever work was necessary to keep up all assessments, record the same, manage and look after the claim, place it under crown grant, handle, option and sell it. For that, they were to receive two-thirds of all the money and profits derived therefrom and the appellant was to get one-third, after deducting all expenses.
The appellant further alleged that, pursuant to the agreement, Proudfoot and Stevenson associated with one Andrew Lindeborg and one Dan. Lindeborg on the basis that they were to have each a quarter interest and, to-