Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-08-31
ANOTHER DAY
OF COURT
Supreme Judges Find 1t I'M
practicable to Finish
up Today
TWO DECISIONS HANDED DOWN
Suit Growing Out of Sale of
Carthage Coal Mines
Is Remanded.

The territorial supreme court did
not adjourn this afternoon for the ses-
sion as had been anticipated. but I'M
til tomorrow afternoon, when the opin-
ions will be handed down in several
cases. 1t is believed that at that time
the Albuquerque mayoralty election
case appeal will be decided.
In case No. 1245, Delos A. Campbell,
appellant, VS.. Daniel H. Mcmillan, the
Carthage Coal Company, August H.
Hilton, Henry R. Buel, Holm o. Bur-
sum, Powell Stackhouse, Jr., Grace w.
Stackhouse and Delphia Mcmillan, ap-
pellees, from Socorro county, the ter
ritorial supreme court this afternoon
remanded the case to the district
court for further proceedings, between
the appellant and the three appellees,
The Carthage Coal Company, August
H. Hilton and Henry r. Buel The
opinion is by Associate Justice Ira A.
Abbott. Associate Justice NJ. G..
Mechem dissents. The case grew out
of the sale of the Carthage Coal Com
pany's properties at Carthage, Socorro
county, to the late Judge Daniel H.
Mcmillan. Appellant Chappell, held
an option on the same property but
subsidiary to the Mcmillan option, and
brought suit attacking the validity of
the Mcmillan option. The purchase
price paid by Mcmillan was $4,000.
The lower court affirmed the validity
of the Mcmillan option and the con-
veyances made under it. The coal
company had obligated itself to pay
Appellant Chappell $4,000 in case
Chappell was deprived of his right to
purchase the property. 1t is the pay
ment of this $4,000 which is involved
in the decision. The syllabus says:
/ 1. A promise to do or forbear from
doing an act may be just as valu-
able consideration for promise as
/ the act or forbearance would be, and
that the promise given for a promise
is dependent on a condition does not
affect it's validity as consideration.
2. If promises are made in the al
! tentative and one alternative promise
becomes impossible Of performance,
that does not impair the obligation of
the other promise
8. The holding of the trial court
that the contract between the Garth
age Coal Company, one of the appel
lees, and Delos A. Chappell, the appel
liant, had become null and void from
failure of consideration, that both par
ties were wholly released therefrom,
and it's action in decreeing the can
collation. of said contract, were not
warranted as a matter of law under
the circumstances appearing in the
case.
In case No. 1850, Eagle Mining and
Improvement Company, plaintiff in
error, VS.. Robert E. Lund, defendant
in error, from Chaves county, the
writ of error is dismissed with costs
in an opinion by Associate Justice E
R. Wright From a decree appointing
a receiver, the plaintiff in error suec
out his writ. James Sims of Lincolr
county was the receiver appointed fol
the Eagle Mining and improvement
. Company. The syllabus says:
l. Where the plaintiff in error files
a transcript of the record, but not, as
required by section 20, chapter 81 o
the Laws of 1907, ten days before the
return day of the writ, and also file
assignments of error, but not before
the return day of such writ, a motiol
to dismiss the writ of error, on thost
grounds, not made until after such fiji
ing, will be denied. Armijo VS.. Abey
tia, N M. 533.
) 2. A decree granting an injunc
, tion and appointing a receiver to TAX
: possession of all and every the estate
/ real, personal and mixed of an insoly
, ent corporation with power to collec
: and take possession of all the proper
/ ties and assets of the corporation an
to make an inventory of the same an
to abide the further orders of tn
court with relation thereto considere
by itself, there having been no il
junction previously granted by tn
court as provided in section ~, G
chapter 70 of the laws of 1905, is proI
erly classified as an interlocutory OF
der or decree and not subject to al
peal or writ of error.