Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-10-03

met the defendant, Swift, below Be
levne, going up to Ketchum, an
T turned back to that place and tn
two went over to the mines and Swif
examined them at the instance Q
Jaikowski and declined to buy
Jaikowski then went to Salt LAX
City, TO obtain further time from
Mccormick or sell his interest in tn
mines. This was about the last O
August. 1881. He applied to Nc
Cornick for an extension Of time o,
this debt but Mccormick refused tn,
extension and said that he mus
have his money.
VIII. Early in September, 1881
defendant Swift went to Salt LAX,
City, and at the request Of Jaikow
Ski. went with him to r. c. Cham
bers, Groesbeck, Hanauer and Nc
Cornlck to effect sale, but all tn.
negotiations failed. Jaikowski finally
offered his interest in the properties
to Groesbeck for $4,000 and the Of
fer was declined Swift thereupon
proposed to Groesbeck that if he
would purchase half Of Jaikowski's
interest at that rate he (Swift would
purchase the other half at that
price, but Groesbeck declined this
offer also.
IN. After the failure of those ne
gotiations and on the 9th day of Sep,
tember, 1881, Jaikowski proposed to
Swift to sell 70 him two thirds of the
two mines and all the ore on the
dumps, with the cabin, tools and
cooking utensils at the mine and his
claim for contribution against Riley,
his partner, if Swift would paw the
debt to Mccormick, his debt to j. o.
Swift 4 Co., and furnish him money
to return to Idaho, and Swift replied
that he would see Mccormick and see
what time and terms he could pet
from Mccormick on the note, and
would give him an answer to the offer
next day.
X. Having seen Mccormick in the
meantime, and obtained salts
wins as W Niiiic anu interest,
Swift, OH the eth day of September,
1881, met Jaikowski and told him he
would accept his offer, and would
agree to pay the debt to Mccormick
4 Co., and the debt to J. O. Swift &
Co, and would furnish him money to
return to Idaho (the sum agreed upon
and accepted by Jaikowski for that
purpose being s6W if .aikowski would
sell the property to him for that price,
and they then went together 70 the
office of an attorney (W. G. Hall,
Esq. }, over the bank of Wells, Fargo
a Co., when the terms were stated to
the attorney in the presence of both
parties, anu he was directed to draw
up "a deed for two thirds Of both mines.
and a bill Of sale OF all the ores on the
d1ntp Of sad mine, al the tools, cabin.
coo &flg utensils and an assignment II |
j .siSowski's claim ior contribution
against his mining partner Riley, for
the consideration aforesaid, which was
stated at ST ,O5S ~ and was ascer
tanned by giving to the attorney the
amount OF the Mccormick note and in.
crest thereon, the amount due from
,alkowski to }. O. Swift & Co !, which
Vas not then known to Swift Except
approximately, Clohecy, who had
;ilarge OF the business at Ketchum.
having stated to Swift some time be.
ore that it was between $4,000 and
10000 but was stated by Jaikowski,
rom memorandum he had, at little
'ver $4,000, and the $50 paid to Jai-
,owski and $40 to the attorney for
|rawing the paper. The attorney
rev the deed exhibit D) and the bill
f sale exhibit t) according to the
Instructions as given IN the presence
f both parties, and the deed and bill
+ sale were thereupon signed by Jai.
owski.
XI. Nothing had been said about
he bond from Swift to Jaikowski
uring the negotiation nor during the
me the attorney was drawing up the
apers, nor until the deed and the bill
t sale had been signed by Jaikowski.
.lther immediately after the deed and i.
Ill of sale had been signed, or after
ne parties had gone out to have the :
eed acknowledged and had returned, !.
Witt directed the attorney to draw up =
he bond exhibit E which was accord '
Ugly done and it was executed. !.
XII. As soon as the papers were f
Swift went with Hall, the {
ttorney, to Mccormick & Co.'S bank,
n the same day, and pursuant to their
understanding, paid 81 ,OS0, the inter :,
It on the $4,000 note up to Septem- y
er l, 1881, and by Endorsement on :.
lie note by his firm J. o. Swift & Co, g
the payment of said note, a
i'd Mccormick in consideration there =
!, by Endorsement on the note re- y
aced the rate of interest to one per =.
mt. per month and extended the time d
payment till September l, 1882 d
heSe Endorsements were dated tho =,