Durango semi-weekly herald., 1903-01-12
Reese,s Araument contInues.

''~NSN o ~ 9t'lN'Ne
Larsh had never told an attorney to
assert any right which he might have
claimed until the 18th of March. AT.
ter he learned that the mine was paid
for he began his suit He never as
serted any right when he talked to
Rivers or German.
As to the location of the Sunnyside
and Legal Tender claims all agree that
they were first located the latter part
of July or first OF August No work
was done under that location. Larsh
expressed no concern about the loca-
tions. He never said word about
them. The locations expired and the
present owners located them again.
and they did the work required by
law
Can Larsh abandon an enterprise
and leave 1t in debt go away from
the country. and return to enjoy the
fruits of industry, frugality and homes
ty of these defendants? | think not "
Attorney Thomas took up the thread
of defendants pleadings here. He
said the case was based upon an
agreement made in July. 1901. and an
o her made later The agreement Is
based on bond and lease under
which Mr. Boyle took charge of the
Neglected mine. Payments were to
be made Boyle and Dennison work.
ed on the property | wish to impress
upon the court that If the agreement
was obtained under fraud, 1t can be
rem died. The remedy is not In the
arbitrary action of an individual
Defendants cannot complain that
plalntf has failed to make an nc.
counting, as they have objected and
he court has sustained The defend
ant has made out no case at all. at
least not the case set up in the an.
swer. This suit was brought in March
and the answer as amended was not
amended until September 6.
There Is no testimony that Larsh
ever consented to escrow the agree.
ment with Rivers There was either
a delivery in escrow or no delivery
When McCloud invested German with
the contract the delivery was com.
plete. An acknowledgment was not
necessary to complete the delivery
After the contract was signed Boyle
Dennison, Larsh and German all took
possession of the mine on July IL.
IF German paid out of the funds of
the Durango Plumbing company the
whole of the payment Of $1,000 for
August, he and Larsh both being liza.
deed. They charge us both with
abandoning the contract and stealing
IL. The alleged forfeiture is constl.
tuted in Boyle's fit OF anger declaring
both Larsh and German out,
Rivers, the leader and spokesman
for the balance, did not want to dis
solve, but to continue the contract, for
his own self protection, to keep the
creditors from coming down on him
The burden OF proof is upon the
defendants to establish that the plain
tiff forfeited the contract. We allege
that the contract has fulfilled itself
If German and Rivers paid the $4,000
final payments. then they paid IT
for Paul Larsh as well.
Here the conflict OF attorneys ended
and Judge Russell announced that he
NOuIl I'NtINt MS uttlslOU Until u
had looked up the several authorities
quoted, and he requested the attor
neys to send the several books con
tainiug them to his office today
Court then adjourned till 10 a. m. Mon
day
There were many interesting cpl
sodes and some peculiar Developments
during the progress Of the trial which
The Herald viii rot discuss at pres
ent as the case has not been decided
| and may be carried to n higher court
II p not anticipated that the mine viii
! be tied up In enforced idleness through
I litigation, as it is understood that the
| owners viii be able to give any re
quir d bond for the net product, and
that under such an arrangement they
could continue DEVELOPMENT and pro