The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-28
He WAS READY TO SIGN
Defense Alleges That an Agree
ment Was Made.
ADMITTED AS EVIDENCE
Another Interesting Session of the Min
ME Healey Mining Case-De-
PENDANTS Witnesses
on the Stand.

Judge Lindsay had another interestins
IN which Miles Finlen seeks to enjoin A
Aug. Heinze from working the property
which both claim to own or have the right
to own under a lease and bond from the
owners. When the hearing was resumed
yesterday morning r. A. Canrahan testi-
fed that Heinze had expended in working
the Minnie Healey s31, 80 from the time
he took charge of the property until July
l. 1899.
John MacGinniss stated that he was
representative of F. A. HENCE In No
Vember 1898 Judge Mediation and Miles
Finlen called at the Office of the Montana
Ore Purchasing company. The others
present were F. Aug. Heinze, Arthur P
HeinZe and witness. There was then and
there entered into a positive agreement,
which was repeated several times The
agreement was oral and was concerning
the Minnie Healey mine.
WAS there any agreement made by the
plaintiff" asked Judge Mediation, ito
sign a written instrument in accordance
with the agreement which you say was
made?"
Yes; there was"
Was this agreement to make an agree
ment in writing?" asked Judge Dixon on
, cross-eXamination.
1T was not; but there was an agree
ment between the parties with regard to
the mine definitely understood and to be
reduced to writing
state what the agreement was
Objected to by counsel for plaintiff on
the ground that it was contract relating
to real property and therefore one which
the statute required to be in writing. The
objection was argued to the court, the
attorney for the defendant stating that
they would show to the court that there
was a consideration for the agreement
which was entered into; that Heinze
pre- missed to pay Finlen $4,000, and that
HeinZe went into possession of the prop
erty and expended large sums of money
in the development of the mine; that Mr..
Finlen requested that this writing be pre-
pared covering exactly the terms of the
agreement which had been made; that he
told Heinze to go on and take possession
of the mine at any time he saw fit and
stated that he would execute the written
agreement on his return from the East.
MY word is as good as my bond' he
said.
Having proved this" said the attorney,
1--WE submit that Finen is bound to keep
his agreement-in other words, he is in no
position TO say our contract is not in
writing, as he is the party at fault. If
we can prove the contract which we al
lePe the plaintiff will not be entitled to an
injunction"
The court overruled the objection and
stated that If the oral agreement entered
into by the parties to the action was fol,
lowed by possession of the premises, and
that on the faith thereof after taking
possession the defendant parted with value
that would be sufficient to take the con-
tract out of the statute of frauds. With
the understanding that the testimony
sought to be adduced would be followed
as stated by counsel. the objection would
be overruled.
Mr.. MacGinniss continuing his testi-
mony. said that it was agreed that Fin
len would turn over all leases and bonds
which he had that HeinZe would be put
into possession by Mr.. Vision, the agent
OF Finlen: that If Heinze took up the
leases and bonds on the Minnie Healey /
he would pay Finlen $4,000 half the first
year and half the second year after the
bond was taken up; that Heinze was to
start a suit against the Boston & Mon
tana people to determine the rights be-
tween the Leonard and Minnie Healey
as TO a vein claimed to apex on the sur
face of the Minnie Healey and worked
through the Leonard shaft. For conven-
ierce this suit was to be brought in the |
name of Finlen and Wishon was to aid
Judge Mediation in the matter; that for |
the purpose of this suit Finlen authorized |
Mediation to act in mis- name in accord |
ance with the instructions of Heinze. Fin |
len said: I'VE all understand each other. |
Go ahead and I will sign it when | get |
back. My word is as good as my bond"
Pending the time of the commencement |
of the action" said the witness the