The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-22

der will made there by her late hus-
band, Damian Gardener. were likely
to cause her trouble and get her in
terest in the mine away from her un-
less she converted it into cash which
they could not reach.
Upon these representations and
statements he urged plaintiff to sell
Ter interest in the mine as speedily
as possible and at the best price she
could get, representing to her that If
she did not do so her interest would
VERY soon be yalueless and she would
get nothing it. At the same time
and as part of the same scheme for
procuring plaintiff to sell her interest
in the Hercules property at an inade-
quate price, Allen, at this interview,
in the presence of plaintiff, figured
out on paper that the mine was worth
only 100000, all of which represcn-
tations We're false and untrue and
were made by the said Allen for and
| on behalf of his then undisclosed
principals, Eugene r. Day and Elean-
or Day sBoyce.
Told Nothing Of Interests.
in consequence of the representa-
tons and statements made to her
plaintiff was greatly alarmed and be-
lieved that she must speedily dispose
of her interest in the mine or lose it,
and she thereupon told Allen to sell
her interest in the Hercules proper
ties on the basis of a valuation of $5,-
100000 for the mine which instruc-
ton to sell was reduced to writing on
! October 81, 1916 empowering said Al
len to sell her one-sixteenth interest
in the mine for 1912 500, her one six
teenth interest in the cash on hand
from the mines operation for $37 500
and certain realty owned by her in
the town of Burke for $4,000. or a
total of $4,000.
The terms fixed We're $4,000 cash
and the balance in two weeks. No in
formation was given to her concern
ing any other property owned by the
mining partnership and no other pro-
perty owned by the partnership at
THAT time was taken into account in
fixing the price, or was discussed OF
lotherwise considered. In fact plain
tiff was at that time ignorant that the
mining partnership owned any Other
property than that considered and
mentioned in the authorization to said
Allen
Purchase Made Quickly
"On Saturday evening october %
plaintiff to close contract for the
sale of the property on the terms
! stated; Day bringing with him two
checks drawn by himself, one for $45,
900 and the other for $4,000, totalins
$4,000, both of which he PERSONAL!
gave to plaintiff.
DAY also brought with him thu
agreement of sale which had alread.
been signed by his sister, Eleanor Da!
! Boyce, and thereupon plaintiff signet
1t in the presence of the said Eugen,
r. Day.
ALLEN and Day Immediately mad
arrangements with the vice presiden
of banking institution in SPOKANE
to meet them in Spokane on the mex
day Sunday and receive the escrow
conveyance. Pursuant thereto Allei
, took plaintiff to Spokane early tn
next morning Sunday, there met TIL
vice president of the Spokane banl
end went with him to the bank, wher
Allen delivered in escrow to the banl
a conveyance of such property, which
conveyance is attached hereto as eX
hibit "A" and is prayed to be read "a
part hereof as though fully set fortl
herein.
Allen Claims Fee
: Plaintiff only learned at the banl
the reason why Eugene r. Day hat
drawn one. check for $4,000 and an
other for $1,000. At the bank Aller
,laimed the $1,000 check for service t.
he plaintiff, and asked her to indorst
I to him, which plaintiff did being
too confused and bewildered to pro.
test, as she had regarded Allen as the
representative of Eugene r. Day and
not herself. Plaintiff AYERS that thi,
was part of the scheme to make Allen
appear as her representative in the
transaction.
This conveyance remained in es-
Icrow but for short time, to- wit: I'M
It'll November IA, 1916, when the bal
ance of the purchase price pas paid
into the bank by the defendants, Eu-
gene II. Day and Eleanor Day Boyce,
Day paying s23O,O00 of the purchase
Iprice and Eleanor Day Boyce $4,000
thereof, making the total amount paid
TO plaintiff 100000. Upon such pay
ment the deed of conveyance was de-
ivered by the bank to Eugene r. Day
and Eleanor Day Boyce, and by them
placed of record In the recorders Of
flee in Shoshone county, Idaho. and
they entered into possession of the
property conveyed, and have ever
since been in possession thereof,
claiming title thereto.
She Charges Deception.
AT the time of the transaction
aforesaid, Allen was believed by the