The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-11
KELLER WASON HAND
But BE Says Cole Did Not Live Up t,
His Agreement.
A SUIT FOR $4,000 DAMAGES
q.
The Old Case of Agent Delnor of
the NJ. p. and Those Forged r.
Checks Which the First Ma
tIonal Cashed-Notes.
A SUIT FOR $4,000 DAMAGES

Herman A. Keller yesterday COM
menced a suit in the district court
against w. G. Cole for 81, 500 damages
alleged to have been sustained by him
through Coles refusal to live up to an
agreement concerning patented
round furnace and rectangular calcine
furnace. In his complaint Keller al
Ieges that on Sept. %. 1895, the defend
ant gave him an option until Nov. on
a third interest in the Keller, Cole e.
Gaylord round furnace and third in
terest in the Keller. Cole & Gaylord
rectangular calcine furnace for 5000.
OF the purchase price 81, 500 was to be
paid on the day of the sale and the
balance in 80 days. On Oct. IA Cole
agreed to reduce the purchase price
from IS, 900 to 81, 000 which was accept
ed by Keller and on Oct. rs made
tender of written acceptance by mail
which the defendant refused to accept.
Cole, it is alleged. was absent from
town between Oct. 26 and Nov. 1, so
that me was not accessible for the pur-
pose of demanding a fulfllment of the
agreement between those dates. By
his refusal to live up to his agree
ment the plaintiff has been damaged in
the sum of $4,000. for which amount
he asks judgment.
An amended complaint was yester-
day filed in the big attachment suit of
Edward c. Perkins against the Butte
& Boston Mining company. The only
change from the original complaint
filed last Friday Is that the claim of
the Massachusetts, Loan & Trust COM
pany for $50, 900 is omitted because that
claim is secured by mortgage. The to-
tal remaining claims amounts to $S72,-
S16.43. BE-"
In the case of Frank Boucher against
John B. and Nicholas Powers, a motion
was filed to strike certain allegations
from the complaint.
In the case of the receivers of the
Northern Pacific against the First Ma
tional bank, the suit to recover the
amount of a number of checks forged
by Agent Delnor and cashed through
the First National. the defendants at
torney filed his brief. The question in
volved Is If the delay of the plaintiff
of % days after the discovery of the
forgery in notifying the bank consti-
tutes an estoppel which debars the
plaintiff of a recovery and If an action
can be maintained without a return or
offer of the checks.
The plaintiff in the divorce case of
Augusta Ward against John Ward filed
a replication denying that she is an
unfit person to have the care and GUS
tody of the children and says that IL
she is awarded their custody she can
and will care for them.
The appraisers on the estate of the
late Judge f. w. Cole filed a report
yesterday that he had owned a sixth
interest in the Mystery lode claim in
Deer Lodge county, valued at s166.
John Nylander commenced an action
against NJ. A. Hickey and others for
$500 due on a note for a SIS attorney
fee.
l.. c. Trent & Co. have brought
suit against the Butte e. Boston Min
ing company for $3,313.59. alleged to be
due for material An attachment was
issued.
Judge Mediation yesterday gave
Judgment for the plaintiff in the case
of T. c. jackson against Herman Pei
lin for possession of some mules in
controversy or for $3.50 in case recov-
cry cannot be had and for $50 dam
ages.
default was entered in the divorce
case of Mary A. Sample against G. w.
Sample and the proofs set for hearing
on Saturday.