Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1910-12-15
Decision in = Center soear w.
ing Case.
$40 0 0 0 INV OLIVE D
That Amount Of Commission
at Stake.

A decision in case OF more than
nassing interest to mining men was
handed down th lis week by Judge
Steele who by his decision holds that
c. A. Phillips, Of Elk City, is en-
titled to a commis ssion of $4,000 on
the sale of the Center Star group OF
claims in the Ell district to Birka
Binnard & Com pany, of New York.
the commission to be paid by Messrs.
Murphy, Tiedman and Brown, Of Elk,
original owners Of the property. The
mine was sold in 1909 for 100000,
of that sum $4,000 being paid when
the suit was instituted.
The case was a hotly contested one
and had some Of the best of legal
talent engaged in the trial of. Phil
lips, who by the decision will get a
commission of $4,000, was repre-,
sented in the litigation by Judge
Scales of this city
In the STATEN ent of the. case of
court says:
"The defendan ITS, Murphy, Tiede-
man and Brown we're owners Of min
ing property in Idaho county, and the
plaintiff, Phillips, made arrange
ments with them orally and by letter
that he should undertake to sell the
property for them, and was to receive
as commission ten per cent Of the
amount received for the property.
He interested E. Alvin Weiss, of New
York, who after investigating the
property, went to New York and other
cities, and undertook to form a COM
pany to purchase the property for the
amount of 100000. The firm of
Binnard 4 Com pany Of New York
was one of the parties that he en-
deavored to interest, and the evidence
shows that this firm made an arrange
ments with Mr.. Weiss, whereby they
agreed that on or before certain
fixed date that they would inform him
as to whether or not they would take
for their clients a certain portion of
the stock of the company, and they
afterwards did notify Mr.. Weiss that
they would take this proportion Of the
stock of the company, and company
was formed, of which Binnard & Co.
were members and also J. Alvin
Weiss and his as sociates, which agreed
topurchase the property. However,
PRIOR to this time, the time which was
gwen Weiss in the first agreement
which he had to purchase the proper
", was about to expire, and he had
been unable to raise the money to
purchase the property. He endeav-
ored to get an extension through Mr..
Philips, but no extension was granted,
ana TOR the purpose of carrying out
THIS first agree ment, it was under
stood and agreed that certain moneys
should be placed in a certain bank in
''rangevllle on or before a fixed date,
anu Wheh tins arrangement was made
some one of the parties, other than
Mr. Phillips, pggested that some
thing should be done SO as to insure
WI ! hllilps to set his ten per cent
commission, and written agreement
was drawn up and placed with the
escrow agreement, before mentioned,
whereby It was stipulated and agreed
that out Of the MONEYS 50 agreed tc
oe deposited in the bank at Grange.
silie' the bank should retain ten pei
oe.'' 10 pay Mr. Phillips for his com
g ,icn the latter company was
e.i'eu III New fork, 1t appears thai
SVu'e Oh the members of Binnard 4
Company of New York were relatef
~ ~ Iif' Isaac M. Binnard of Lewiston
oba" lo' ana the company proceeded tC
gc'aiil d. the title by having Isaac M
bnnard bring the parties out from
.ie ~ mining coun try to Lewiston, anc
p iae defendants, Murphy, Tiedeman &
'own came to Lewiston to seek Bin
nard, after being promised bv him h,
would pay their expenses for coming
49, 49, ana they en- tered into an agree
o0n ' 20 70 sell the property for 500,
~, - 9lo'oOO OF which was to be pait
IN II the first payrn nent; and it appear
ma'. ' isaac M. b innard had the agree
q sou. sa' so drawn that it appeared to b.
Of 'a,e a. made to b imself upon the fac
on. sae papers, but he told the defend
We Y"s, mat blnnar I'd 4 Company of New
WIN were the OneS that wora nur