Lord Chancellor -

This is an appeal from a decree of the Supreme Court of Ceylon affirming a decree of the District Court of Colombo in an action in which the appellant was plaintiff and the respondent was defendant.

By an agreement in writing dated 21st December 1915, the respondent and the appellant agreed to prospect for plumbago at the Pattagoda Mines under the name of the Pattagoda Mining Company. The agreement provided that the respondent " would thereby give over " his interest in the lease which he had taken from the owners of the mine (which had still eight years to run) to the Company ; that the appellant should manage the mine and receive a commission of 2½ per cent, on all transactions ; that the partners should contribute equally to the expenses to be incurred on the pit or pits ; and that they should be entitled to the profits and liable for the losses in equal shares. The agreement was signed by both parties, but the signatures were not attested by a notary or witnesses. The mine was duly worked under the management of the appellant from the date of the agreement until the month of January 1918, when the working was stopped by mutual arrangement.

On 25th January 1923 t