Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-01-04

Of the said Davitt mining claim and
generally discharging the duties
superintendent and business manager
thereof.
That the said duties performed by
said Frank Taylor, as mentioned in
the last finding, were SO performed
under and in accordance with the
terms of said agreement and was the
basis and consideration upon which he
Crank Taylor was taken in and
made an equal partner with each of
the plaintiffs in said Davitt Lode min
ing claim. Although he did not receive
deed for his ] ) interest in said min
ing claim nStil the 18th day of Sep
TENDER, 1882, such deed was offered
to be made to said Frank Taylor by
the said plaintiffs at the time of said
agreement, on or about August 5, 1882.
nj.
That said mining partnership con-
tinued to exist between the said plain
tiffs and the defendant, Frank Taylor,
from about the 9Th day of August.
1882, until some time in January, 1888,
when said Davitt mine was sold and
the proceeds were divided between the
said mining partners, viz: the plain
titfs and said Frank Taylor, share and
share alike.
That said plaintiffs are all miners of
many years experience, but have not
had much business experience in mat
ters not relating to or connected with
the business of mining. That the re-
lance that the plaintiffs placed in the
said Frank Taylor, as an honest and
capable business man; their necessity
for the services of such person, in
view OF the threatened litigation with
the claimants of the "Far West" loca-
ton, and in view of the probable pro-
duction of considerable quantities of
rich ore from the Davitt claim to be
marketed and sold, were important
and immediate causes for the fol INA
ton of said mining partnership, and
were known and understood to be so
by all Of the parties to said agreement
That about the 9th day of August,
1882, at the time of the formation OF
said mining partnership, by the agree
ment aforesaid, there was ore extracted
lying upon the dump, aud in said
Davltt Lode mining claim, some Of
which was sacked, of net value OF
more than six hundred dollars.
XIV.
That on or about the Sth day Of
August, 1882, the said plaintiffs and
the said defendant, Frank Taylor, as
partners in the said Davitt Lode min
ing claim, agreed with each other to
try and purchase the said conflicting
claim of the "Far West" location; and
for this purpose it was agreed that the
said Frank Taylor should enter into
negotiations with Joseph M. Taylor
an Stephen Mu'v, y'ill, the claimants
Of the said Far West location; that in
accordance with said agreement the
said defendant, Frank Taylor, saw
said Joseph NJ. Taylor and greed for
the purchase of his undivided half
interest in the said "Far West" loca-
ton, and an undivided half interest
also owned by him, Joseph NJ. Taylor,
in the Snow Fly Lode claim, the sub
ject of this litigation, for the sum of
six hundred dollars; that about the
18th day of August, 1882, the said
dcfendent, Frank Taylor, informed
the said plaintiffs that he could pur-
chase the interest of the said Joseph
NJ. Taylor in the said Far West loca-
ton, for the sum of six hundred dol
lars; that he could not get the other
half interest, as the claimant thereof,
Stephen MulveyhiIl, was absent from
Idaho Territory, to which arrangement
plaintiffs assented and placed in the
hands of said Frank Taylor the ore OK.
tracted from the said Davitt Lode
claim by them, of the net value of
more than six hundred dollars, as
aforesaid, as security for the six hun
dred dollars, the purchase money, to
be advanced said partnership by him,
TO buy and pay for said Joseph Nj.
Iaylor's interest in said "Far West
location; but the said defendant, Frank.
Taylor, suppressed the fact from the
plaintiffs that for the said sum of six
hundred dollars the SAID Joseph Nj.
la. Tor would also sell, in addition,
oue-halt of the said Snow Fly location.
XIV.
That the said defendant, Frank
Taylor, agreed to, aud did advance the
said sum of six hundred dollars to
said partnership, out of his own money,
on the security of the said ores, then
in his hands, taken from the said
Davitt Lode claim, and on the 18th
day of August, 1882, he, the said
Frank Taylor, pure hased in his own
name, with the said six hundred dollars,
from the said ,)oseph NJ. Taylor his