The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-07

purchasing machinery and such other ex-
penses as are incidental to the working and
developing of mining property.
In pursuance of said agreement, plaintiff
proceeded to Europe and Immediately com
menced negotiations with parties there for
the sale ofSthe said working capita. stock.
While these negotiations were pending
with the parties in England, who proposed
to purchase said stock, plaintiff received
letter from the defendant, dated August g
ratlfylng the agreement previously made,
! and also a cable of the same purport, and
with the assurance that maps and reports
would all be ready at the proper time.
Plaintiff, on the strength OF such letter and
cable, prosecuted his negotiations with
the intending purchasers in London Tor
the sale of said capital stock, and
had his arrangements consummated by
which the said purchasers were to take
and purchase the greater amount of said
one hundred and fifty thousand Q50,000)
shares Of stock After the said negotia-
tions were completed, plaintiff came TO
| Utah, and under the same agreement, he
| prepared, at great expense, a prospectus
and report of group of mining claims,
which were to be the basis of said incor
poration, and the title to which said mining
claims represented the value of the stock
he was then selling.
That his report and circular was accom-
panied with maps, reports, statements and
other statistical matters connected with
the location, history and value of said
properties, and at great labor and expense,
namely at an expense OF eight hundred and
fifty (SS50.00) dollars, and in the prepare
ton and procuring of said reports, maps,
etc., this plaintiff expended about three (3)
months of his own time.
That including PLAINTIFFS time, labor and
expenses, the actual cost of said maps and
reports are about two thousand $4,000
dollars
That after everything had been com
pleted, so far as it was in the power OF this
plaintiff SO to do, and when under the
agreement existing between this plaintiff
and the defendant and the other co-own9rs,
the corporation was to b. formed and the
conveyances to the mining property, ex-
ecuteG to said corporation, the defendant,
| Nicholas Treweek, in violation of his con
tract refused to either incorporate, execute
or deliver the conveyance OF his interests
in and to said mines, and refused to incof-
porate the same.
That by reason of such refusal, the
plaintiffs expenses and labor in preparing
his maps and reports was lost thereby, and
by reason thereof in the sum OF two thou
sand $4,000 dollars.
That part of said agreement was; that II
one hundred and fifty thousand Q50,000)
shares of the working capital stock be
sold, the plaintiff was, as before alleged,
to deposit one dollar and twenty five cents
(Sl.25) per share of the amount realized
from the sale thereof, in the hands of the
treasurer Of the corporation.
That all in excess of the sum of one dol
lar and twenty -tive cents (Sl25) per share
that plaintiff realized from the sale of the
working stock was to belong to the plain
tiff and to be profit to him to remunerate
him for his time, expenses and trouble, and
10. fn,,t hao oil of cnin Ct
That the plaintiff had secured purchasers
for eaid stock at the rate of two dollars
(S20J) per share; that said purchasers were
men of means, and were ready, able and
willing to complete the transaction, to take
such stock and pay the sum OF two dollars
(?2.00) per share therefor; the same being
the purchase price agreed upon then to be
paid for the same.
That in addition to the damages above re
} ferred to, this plaintiff is further damaged
in the sum of seventy-fve (75) cents pei
share on said one hundred and fifty thou
sand tl50,000) shares OF stock by reason o.
the failure on the part OF the defendant u
comply with his agreement: The aggregate
amount of said loss and of the value o.
!, said stock is one hundred and twelve thou
sand five hundred (Sll2, 500 dollars.
That each and all of the remaining co
owners whose names are as above alleged
remaining owners of said mines, wer,
ready and willing to comply with their por
ton Of the contract, and execute the deeds
, by them agreed to be executed, and it wa
solely on account of the refusal on the par
of the defendant, Nicholas Treweek, to exc
cute deed conveying his interests in sait
premises, that the Incorporation of salt
company and the sale of said stock was rem
: dered il possible.
, Where ore, plaintiff demands judgmen
againS. the defendant:
F'irst-In the sum of two thousaut
80, OO0) dollars, expenses incurred in pre-
/ pairing maps, plates, reports and the State
ments first herein referred to.
Second-For the sum of one hundred ant
twelve thousand five hundred Q12, 500 dol
lars, the auount lost by plaintiff by reason
of being unable to comply with and com
plete his cotract with the purchasers o
said stock i'll England, and for costs of thi
| suit.