Is a partnership agreement void as within the statute of frauds?

Neither the first nor the second partnership agreement was void as within the statute of frauds. Shea v. Nilima, 133 F. 209, 66 C.C.A. 263, and cases there cited. Nor is the case one in which equity should deny specific performance on the ground that the contract was inequitable or unfair. So far as the equities are concerned, the contract is not to be distinguished from a grub stake contract. The appellees did not contribute large sums of money, but it appears from the evidence that they did all that they contracted to do. Nor did the appellant contribute his whole time to the enterprise. He was carrying on other business at the same time. It was a partnership at will. The appellant could have terminated it at any time on giving notice to the other partners. He did not choose to do so, and the fact that while carrying out the partnership agreement he acquired mining claims of considerable value, far beyond the value of the sums contributed by the appellees, is no ground for denying specific performance. [167 F. 482.]