The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-04-26
Answer of Eugene Day To Allegations
Of Mrs. Gardener In Fight To Recover
Her Interest In the Hercules Mine

AS~ AASe OA
lQuaintance with the development and
operation of mining properties In the
county Of Shoshone, Idaho, and is ia
lmaliar with the mode and manner OF
estimating the value of mines and Of
mining properties for purchase and
sale, and that he has resided in the
county of Shoshone, Idaho, for per-
iod of more than nineteen years.
Purchase Not Sought.
THAT at no time did said Eugene
r. Day or Eleanor Day Boyce ever
seek to purchase from said plaintiff
or from any one else the property OF
said Gardener estate, or any of the
property mentioned and described In
the conveyance, a copy of which Is
attached to the said bill of complaint
as Exhibit A thereto, or to purchase
from said plaintiff any Of the said
property mentioned in Exhibit A.
that some time during the month of
October, 1916, the said Harry r. Al
len called upon said Eugene r. Day
stated to him that he had been duly
|appointed as the agent of the said
lplaintiff to sell all her interests in
Isaid Hercules mine and in the prop
erty described in said Exhibit "A and
asked him, the said Eugene r. Day,
TO give him, the said Allen, the price
(which he, the said Eugene r. Day,
would pay for the same, stating at
that time that unless he, the said
tEugene r. Day, was willing to pur-
chase said property mentioned and de-
scribed in said Exhibit "A at a price
satisfactory to said plaintiff, that he,
the said Allen, as the agent and rep
lesentative of said plaintiff and with
her permission and at her suggestion,
solicitation and request, intended to
approach the said defendant August
Paulson and attempt to sell the said
property to him, and that If he would
not purchase the same, to approach
the said defendant l.. w. Hutton, and
that If he would not purchase it, then
to go to the American Smelling & Re-
fning company and attempt to sell
the said property to such company.
Plaintiff Determined to SELL
said Allen was specific in his &C.
claration to the defendant Eugene f..
Day that that was the plan of cam
Ipaign on the part of said plaintiff to
dispose Of, her said property, and that
he, the said Allen, was duly author
lied as her agent to make such offer to
said defendant Eugene r, Day and to
the other parties as aforesaid, if said
Eugene r. Day was not willing to
purchase the same, and stated to said
Eugene r. Day that the said plaintiff
was DESTROYS of disposng of all of Tie
property which she had inherited from
said estate, including the property
mentioned and described in said EX-
Ihibit A and of converting the same
into cash, and during said converse
ton said Allen as the representative
and agent of said plaintiff urged said
Eugene r. Day to tell him what price
he would pay for such property. And
thereupon said Eugene r. Day told
said Allen that he would pay the
Iplaintiff for her undivided one six
Iteenth interest in all of the said pro-
Iperty mentioned and described in, said
/ int
smelling and refining stocks but ex-
cepting the Burke real estate the sum
OF $275,000, and $4,000 for the Burke
real estate, making $29O,O0O for all of
said property mentioned in said .Ix-
hibit A, and would in addition there
to give to said plaintiff her one-six-
teenth undivided interest in the cash
! n the treasury of the Hercules Mining
company after deducting all operating
expenses of said mining company dur
| ing the month of October, 1916, inciu1-
ing mining and milling expenses and
iall current Indebtedness of said
month, and stated to said Allen that
he figured there would be after Sc
Quoting all of said expenses for the
month of october, 1916, about 100000
in cash in the treasury of the said
Hercules Mining company
Satisfactory Price Arrived at.
Subsequent to the time of said
conversation and a few days before
the 2Sth of October 1916, said Allen
again called upon Eugene r. Day at
his office in Wallace, Idaho, and in
formed him that the said plaintiff
would not accept his bid for said pro-
perty, but in such conversation stat
ed to him that said plaintiff would
sell all of said property, being the ,pro-
perty mentioned and described in said
Exhibit a. to said Eugene r. Day Tor
the following sums, to-wit: S312,
for all of ner undivided one sixteenth
interest In all of the property men,
toned in said Exhibit A. excepting
the Burke real estate; $4,000 for the
Burke real estate mentioned and de-
scribed in said Exhibit a. in addition
she TO receive $37,500, for her undvii- |
ed one sixteenth interest in the cash |
on hand in the treasury of the said |
Hercules Mining company, aggregat- !
ing the sum of 100000; that during |