The appellant filed his bill in this suit, in the proper court of New Mexico, for the purpose of obtaining relief against the defendants mentioned therein. The defendants demurred on several grounds, among which was that the complainant's remedy, if any, was at law, and that the bill did not state a case for a court of equity. The demurrer was sustained and the bill dismissed, and the judgment of dismissal was affirmed by the supreme court of New Mexico, and the complainant thereupon appealed to this court. Among other things the bill averred that, about May 7, 1893, the complainant and one Johnson and the defendant Pilkey entered into an agreement in Bernalillo county, New Mexico, by which they were to become partners in the enterprise mentioned in the agreement; and that, for the consideration mentioned therein, Pilkey was to start out to discover, if possible, and to locate for the purpose of operation by the parties, any mining claim of gold, silver, or other metal; and that, in order to enable Pilkey to carry out his portion of the agreement, he was to be furnished certain tools, etc., and some money. If he discovered any such mine, it was his duty to locate the same, and to send in to the other partners specimens of the ore, in order that its value might be determined. Work was to be begun within twenty days after the signing of the agreement. Any fraud by Pilkey was to forfeit his share, which was to be one-third interest in any mine discovered and worked.