Wadsworth, J.

1. The appellant was the plaintiff in a suit brought on the basis of a deed of partnership to recover money due by way of contribution towards the loss incurred by the partnership from the defendants as sons of a deceased partner. The basis of the suit is a covenant in the deed of partnership which runs as follows:

If any of the shareholders should die owing to an act of Providence while the business of the firm is being carried on, his heir or his representatives shall after his life time be a partner in his place, being entitled to the right and interest of the said partner, and he shall get the business done subjecting himself to the aforesaid terms and on that account neither the partnership should be cancelled nor would it come to an end.

2. The plaint alleges that the partnership worked at a loss and that by a resolution of the shareholders the plaintiff was authorised to collect the proportionate quotas of the loss from the various shareholders on behalf of the firm, that the father of the defendants having died, all his properties passed to his sons, the defendants, that the first defendant has been taking part in the management of the partnership firm an