Page:Federal Reporter, 1st Series, Volume 4.djvu/715

 flfiST KAT. BANE V. BISSELL. TOI �bas a rîght of pre-emption as to the interests of retiring part- ners in the mines ? The answer is not doubtful. Where tho partnership is formed expressly to work mines, and the mines are held by leaso, the leasa and rene\,a,l of it is, as the courts have held, partnership propcrty. But, in the case at bar, the partnership afose out of a community of ownership in the mines, and the parties were, in a very large sense, in^vol- untary associates. They came together upon the ground that they ,;ere tenants in common of the mines, and not upon any agreement to engage in the business of mining. Indeed, they had no agreement whatever respecting their joint oper- f tions ; but they stood solely on their ownership of the prop- erty, in consideration of which they united for the purpose of working it. They were partners in the working, but not in the ownership, of the mines, r.nd iheir firm was a thing of the hour, without hope of existence. In that kind of associa- tion it cannot be said that there is in the collective body a right to aequire new interests which its members are bound to respect. The object of the partnership was to take out ore, and in ail things directed to that end each member owed allegiance to the company. Beyond that they were entirely free to act touching their interest in the mines, as well as other individualproperty. Each member held his interest in the mines in his own right, with power to dispose of it as he should think proper, and each was free to deal with his asso- ciate or with a Etranger in respect to such interest, So, also^ each member was at liberty to buy from his associates, and thus enlarge his interest in the whole property without refer- ence to the partnership relation. On the v/hole case no rea- son can be found for saying that the purchase of the Handley interest enured to the benefit of Bissell, or that he had any share in it. If, in making it, Foss violated his promise to Bissell, in that there was moral wrong, and possibly there may be some remedy for the breach. But it cannot be said that by such promise only Bissell, who furnished no part of the purchase money, acquired an interest in the mines. The money will be awarded to Foss and Hunter. ����