Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-07-28

l. plaintiffs fuils to make a contra,
d SO definite and certain that a coul
K will enforce its performance, an
g 1t is insisted because the plainti
t Rice never met with the defendan
t Robbins and talked with him cor
e corning the contract that non
!; could have been made which woul
bind him. So far as the latter j
3 concerned, if Mallory was author
. lied by Robbins and Rigly to max
terms for them and himself wit
Mr.. Rice, and he made the term
that they agreed upon, the Cour
can see no reason why it would no
be enforced just as readily as i
Robbins and Rigley had made tn,
contract direct with Rice.
AS to whether the proof show.
the agreement to have been specifi,
In its terms, if the testimony of Mr.
Rice and Mr.. Mallory is to be be
lieved, it shows that each were t.
perform their respective parts, and
each was to receive their respectiv,
interests in the property. Mr..
Rice says it was one-fourth in.
terest. The proof, according to
their testimony, shows that Mr..
Rice was to and did furnish the
grub; Mr.. Mallory had previously
seen the claims, and was to direct
them where they were to be found.
Mr.. Rigley and Robbins were to
proceed and locate the claims. and
they were each entitled to u one
fourth interest in the claims they
located. If this be true the court
sees nothing which is uncertain.
and nothing which would prevent
an enforcement Of the contract.
Many witnesses have been intro
duced showing statements and acts
by the different parties, and the
court has carefully examined the
testimony of all these witnesses.
The fact that Mr.. Rice, imme-
diately after having learned of the
locations being made, attempted
IN the best way possible to give
notice of his claim to an interest
IN the property is an important
fact for the court to consider. 1t
shows that with very little DELHI
Grafton, he set forth his claim, and
he certainly thought at that time
he was entitled to an interest in
the property. The statements Of
the defendant, McKenna, to whom
the defendant, Robbins, imme.
dlately after the location, trans
ferred an interest in the property
are also material in throwing light
upon the case. Although Mr.. Nc
kenna was defendant, he was
not placed upon the stand to deny
any of the statements which it was
alleged he had made.
One of the witnesses, Mr.. Hens
ley, states that shortly after the
discovery, Mr.. McKenna at the
Hump, said he would see Rice had
no case, and that he didn' t get the
best of Robbins.
Mr.. Rice states that Mr.. Nc
kenna requested him, Rice, to
stand in with him, and that he
would send Robbins and Rigley out
Of the country without pack sad
die, and that he said he had made
some relocations over there, and
that Mr.. Rice couldn't get in to
save his neck.
1t will be remembered that it
was shown by the testimony that
rs soon as Mr.. Mallory returns to
'he neighborhood of Grangeville
md Florence, he was accompanied
or a considerable period of time by
he defendants McKenna and But
erworth and their friends, and
plaintiff Mallory states that Nc
Aenna in some of these conversa-
ions told him that McKenna and
ome OF the other defendants in
ONE of these conversations told
lim that Rice was endeavoring to
!efeat him of his rights, and that
he Mallory would do as he,
McKenna) desired, they would
X Rice. These conversations ,
we're not denied, aud, considered
n connection with the fact that the l
efendants were rapidly transfer Z
ing their interests in the property, t
nd that none of these transfers i
ave been explained, that no con- {
lderations have been shown to the
curt for any of the transfers leads
he court to the conclusion that h
here was some reason in their !
Kinds for making the transfers !
hitch are not explained to the :
ourt, and that it was for the pur =
ose OF SO transferring the title 6
nat the plaintiffs could not. if suit a
ere commenced, recover, as some
the defendants at that time be-
eyed. y
The court has considered the !,
cts of the defendants, after the =
laintiff Mallory returned to the v
IMMEDIATE country, in obtaining :,
he affidavit heretofore mentioned. =
nd while the court does NOT think v