Page:Federal Reporter, 1st Series, Volume 7.djvu/703

 OUVSB V. CUNNINOHA}!. 69X �consideration whatever for the transfer to him by Oliver. He rejturned to Buffalo, and he and. Oliver both commenced making efforts for a sale of the property. About the first of October, Oliver went to Buffalo, in answer to a telegram from Cunningham. A sale of a large pottion of the lands, includ- ing those covered by the $35,000 mortgage now held by Hunt and Eschelman, and all the personal property, was negotiated to defendants George S. Eobinson, Haines, and Eanney. An agreement for the sale of such property was drawn up and signed by Cunningham, Eobinson, Haines, and Eanney, whioh agreement, however, Oliver insists was not assented to by him, and did not embody the terms which had been previously agreed upon between the parties. Preceding this agreement for sale there had been interviews between Eobinson, Haines, Cunningham, and Hunt, upon the subject of acquiring this property. Cunningham had received nothiug for the trans- fer to Hunt and Eschelman of bis mortgage interest, and the fact of such transfer was not communicated to Oliver. At. the time of taking the eonveyance at Ossineke, Cunningham refnsed to give a def easanee showing the nature of the trust, and deolared that if Oliver insisted upon this he would have nothing to do with the property. . On the third of November, succeeding these transactions, a partnership memorandum was drawn up between G. J. Eobinson, Haines, and Eanney, in which Hunt and Eschelman are referred to as possible future partners. Following upon thia, the transfer of the property is finally made to Eobinson, Haines, and Eanney, and in December a meeting of certain of the parties was held at Tonawanda for the purpose of providing funds to conduct the lumbering business and make certain improvements upon the property, at which meeting Hunt and Eschelman and defendant H. M. Eobinson were present. On the seventh of January following, Cunninghan became an open partner in the new concern, contributing as capital the $35,000 mort- gage, the legal title to which vested in Hunt and Eschelman. The capital supplied to the firm, nominally, by George J. Eob- ijason, is found to have been a $20,000 claim which he had against Oliver in event of hia electing to retire from the firm ��� �