The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-24

Judge Norrell yesterday handed down
his decision in the case of a A. Cole
against Parmelia A. Edmunds ct al,
finding the issues for the plaintiff. The
case was submitted on Dec. 2 and taken
under Amusement.
The suit involves the ownership of
the Nom de Plume and Vallejo mining
claims in the Tintic mining district.
It was alleged in the complaint that
in 1866 Mrs. Cole entered into a con-
tract with Mrs. Edmunds, whereby the
latter was to do certain work on the
mining claims named, and which were
then owned by Mrs. Cole, and in re-
turn Mrs. Cole was to deed Mrs. Ed
munds q one-third interest in the prop
erty. The plaintiff further alleged that
Charles T. Blondin, then an attorney
practicing in Salt Lake, but since dis
barred, acting for Mrs. Edmunds
through fraudulent representations in
duced the plaintiff to sign another and
different contract to the one first
agreed upon, and to execute deed to
the property, when Mrs. Cole believed
she was merely signing an escrow for
a deed.
In the decision, Judge Norren found:
First-That Mrs. Edmunds die not
work each and all of the mining claims
at her own expense.
Second-That she did not perform the
work in a manner mutually agreeable
to each of the parties nor Of such an
amount as was satisfactory mutually
to each of the parties.
Third-That no part of the ore taken
from the mines, nor the proceeds there
of, was ever paid or rendered Mrs. Cole.
Fourth-That Mrs. Edmunds aban-
doned all work on the claims. or re-
fused to let Mrs. Cole go on the claims
or do the necessary assessment work,
and refused to do such work herself
Fifth-That the refusal of Mrs. Ed
munds to let Mrs. Cole upon the prop
erty for any purpose; the subsequent
relocation by Hickman and Beeman,
while Mrs. Edmunds was in possession
and keeping Mrs. Cole out; the APP
parent acquiescence of Moffat defend
ants AGENT in the relocation of the
claims by Hickman and Beeman and
MoffatS acceptance of an interest in
the same, without any consideration
therefor, indicates a scheme on the part
of Mrs. Edmunds to complicate and
entangle the rights of Mrs. Cole and to
defeat her title to the property. Con-
Guiding. the court saws:
Finally the last clause of the writ
ten contract of defendant with the
plaintiff appears to defeat her right TO
recover against the plaintiff in this
case. Her last clause is as follows: If
said Edmunds fails 10 perform or have
work on said mining claims performed
as hereinbefore specified, she hereby
agrees TO 1reconveS all her interest in
said mining claims to Ehrhard-'
BY the express terms of the contract
the consideration of the deed was to be
the work upon each and all of said
mining claims, at her own expense So
41,se Z
tire and sole consideration and it does
not matter what consideration the deed
may show, the two Instruments, to-wit:
the deed and contract. are to be con-
Sidered as one and in addition to any
consideration that NAV have been eX-
pressed in the deed, the contract was
so expressed, q matter the court has
nothing to do with under the proof
the express consideration in the con-
tract Will also be held as part of such
consideration.
BY defendants own proof it is
shown the property is very valuable
and that only about 500 worth of work
was done on the Nom de Plume and
about $50 on the Vallejo.
THAT there was no work done upon
the other claims at all, and only about
two and a half months work Of about
three men done upon any or all of the
seven claims; that defendant aban-
doned the work. and by sufficient ap-
pearance of force prevented plaintiff
from taking possession or doing any
work herself.
THE utter disregard Of the express
provisions Of the contract; the strong
resemblance of fraud IN forcibly keep
ing the plaintiff off the property and
at the same time helping others to re-
locate it, and the acceptance of an in
terest in the property by the defend
ants agent in possession. without any
consideration, is so violative of good
conscience and fair dealing that judg-
ment win De given for the plaintiff