The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-04-14
PROVO.
A DAMAGE SUIT.
Bargain in Sheep and Its Results-Mining
Incorporation.

Bargain In Sheep and LIS Results-Mining
Incorporation.
The case. which is now occupying the
time of the court is a $4,000 damage suit.
the parties to which are Jungk and Fabian
VS.. D. c. Reed, Wise Cooper, S. NJ. Dug
gins and L. Holbrook. The case was tried
at the February term of 1891, and the jury
disagreed.
Attorney Marshall, of Salt Lake, and
&c orge Sutherland appear for the plaintiffs
and Judge Henderson and w. H. King for
the defense.
Suit is brought to recover the amour t
due on certain promissory notes signed by
the defendants. Contracts had been made
wherein it was agreed to deliver to Jung k
and Fabian 5000 sheep, and it is asserted
that this has been broken by the defend
anus
MIR. Chopper testified that in October,
1889, S. w. Scott proposed to him to
purchase sheep for Juugk and Fabian and
stated they could be bought for $2.35 per
head and that they could be sold to that
firm for 50 CD. That same evening Scott
and Cooper drew up the contract, the
former agreeing to make the purchase of
the sheep. 1t was here shown by paper
that Scott was in league with JungK and
Fabian and the witness stated that it was
not so represented 10 him by Scott. The
witness gave Scott SO 500 with which to
! purchase the sheep and he went west and
remained some time. When the time drew
near for the fultillment of the contract
! Chopper hurried 10 him for the sheep and
was informed that he could not get them
and the sheep were never forthcoming
| Only part of the money was paid back.
The witness stated that he had heard that
Jungk and Fabian had run bluff on the
! boys and got 50, GOO out of them. This was
stricken out. d. c. Reed was present
when the contract was made and stated
that he never knew that Scott was part
ner of Jungk and FABIAN.
| Mr. l.. Holbrook. whose name appears
on the notes, testified that he was to be
responsible for nothing in the contract and
would never have signed had he known
! that Mr.. Scott was concerned in them.
The notes were dated August /, 1880, and
signed August Is, 1890. After the notes
fell due 1t became known that Scott was a
party TO the contract and steps were taken
to collect.
The defense brought forward testimony
going TO show that the defendants had
entered into contract in writing with the
plaintiffs 10 furnish 10000 sheep and in
failing TO fill the same had damaged them
very largely, and they also produced notes
for money advanced, which they are pray
ing for.
The attorneys will argue the case this
morning
BUSINESS AND OTHER THINGS.
B, T. Miner and Mr. Hathen bruck
have began merchandising at Heoer city.
On Friday evening an Easter supper will
be given by the ladies OF the Baptis
church.
The iewelry stock of Mr Beck wa:
| hain off m
Bees stand on Centre street.
"Soshua and Simkins" is the mex
opera house attraction which is done by
Reno and Ford. They are booked FOL
!, April Goth.
The, people passing Union block yester-
day afternoon were attracted by lou(
, singing and laughter issuing from thu
music room. II proved to come from
several drummers who had been locked il
the room after pleasant little champaign
social among themselves.
Articles of incorporation have been file,
by the Blossom Mining company. Tn
directors are Joseph Nicholst Sidne!
Nichols, John Nichols, Alma Nichols, w
b. Kelley and Sidney Kelley. of American
,, Fork, and E. H. Terry, of Eureka. Tn
l cal tai stock is placed at S1,000000, il
shares of SO each. Eighty thousand share
are owned equally by the holders and tn
: remaining 10000 shares will be held a
t treasury stock. The following minin
l claims are to be operated which are he'll
as stock making the amounts fully pal
rup: Gold Blossom, Lake View, Elk Horn
: John L. and Silver Key, which are locate
' near Romansville, in Utah county. Tn
! following officers have been installed
John Nichols. president; Sidney Nichols
9 vice-president; c. w. Kelley, secretary
8 George Nichols, treasurer; e. Il. Terry
managing director.