The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-29
COURT DEVOTES DAY TO IMPORTANT
MINING ACTIONS..THREE ARE HEARD

The greater portion of the second
day of civil session of the district
court was tanen up in trial of the
action of NJ. Herman VS.. William NJ.
Miller for recovery of $1.790.45. al
+ legged due as commission from the
sale of the Champion mine for $780,
/ 000 TO Miller. The case was decided
/ in favor of the defendant and costs
of action assessed against the plaint-
! iff
The case of NJ. NJ. johnson VS. ID.
I G.. Mcdonald, which was continued
1 from night session on Wednesday,
was taken up when court assembled
! in the morning. Judge McGinnis for
the plaintiff moved that they be al
lowed TO file an amended complaint.
This was argued by the attorneys for
both sides. The court granted the
request giving the plaintiff 30 days
in which to prepare II. Judge Brown
also ruled that the plaintiff would
have TO pay all costs of the action
to this time. To this ruling the
plaintiff excepted.
Herman VS., Miller was called and
both sides agreed to submit the evil
dence To the court for decision inr
stead of TO a jury The plaintiff on
the stand alleged that he had made
an agreement with Miller, who was
to purchase the Champion group of
mines for $4,000. He had then
secured option from L. A. Harring-
ton and S. p. Allison on the property
for that sum. He presented receipts
80, .i hnf hn aA naid tho l.
neering firm of Harrington & ALI
son 500 to bind the option and had
paid $50 for groceries and supplies
for A. Barnard, who was to work the
property. He also paid $3.50 to the
Salt Lake Transfer Co., he alleged.
for driving a party to the mine to
inspect 1t. He also offered in eyi-
dence a bill from himself TO Miller
for S2,290.45, of which he claimed
Miller had paid $500 on account. The
amount included the foregoing bills
and his commission for the sale OF
the property. George Newcomb testi-
fed that he had sold the supplies to
Herman for Barnard. A motion of
the defense to strike out this testi-
mony was overruled
Mrs. NJ Herman testified that she
was present when her husband had
made an agreement with Miller for
the buying of the Champion mine and
heard portion of the conversation.
which supported his statements. f.
A. Harrington testified that Herman
had secured an option from G. w.
Hastead, George w. Dale, now dead, |
and Frank Tomms, for the sale of
the property for $4,000. Herman
agreed TO divide the commission and !
other fees with him, he stated. II. A. |
Riepe testified as to the value of the
property He stated that he consid |
cred $4,000 fair price for the |
mine. He had at one time had buy
ers willing to pay $4,000 for 1t, but
as he could not get satisfactory OPP |
tion the matter was dropped. j. c.
Wheeler testified that he drove Mil |
ler, Herman, Harrington and others
to the mine and that he heard Miller
say that he was pleased with the
property and the price.
Frank Tomms. one of the owners
of the property, testified that he had
never given an option on his interest
in the mine to anyone. Herman had
visited him but he had never agreed
to a transfer of the mine. or of his
interest in 1t. His partners and him
self had held the property, which was
taken up some 35 years ago, for $10,-
900. The plaintiff attempted to in
troduce a power of attorney given by
Dale to Halstead but the defense OBJ |