The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-22
good faith in dealing with her.
Saws Day -lncited Statements.


duced her to make the conveyance
aforesaid were~ melted and suggested
by Eugene r. Day for the purpose OF
deceiving and alarming plaintiff ana
causing her to dispose of her interest
in the mine at an Inadequate price.
"At the time of the transaction. for
several years prior thereto, and at the
present time, the Hercules properties
were and are of a value of not less
than $20,00O,000, and plaintiff Is In
formed and believes, and thereupon
alleges the fact to be that such pro-
perties were and are of the reasonable
value of s3O,OOO,O00
"The mine was not exhausted, nor
were there any indications that ii was
or might be exhausted. The ore bod
les were better developed and more
valuable than ever before, ana the
price of metals was higher. and the
mine was earning more money at the
time of the transaction than it ever
had before Plaintiff does not know
and can not ascertain the amount of
cash on hand at the time of the con-
veyance, but she is informed and be-
lieves and thereon alleges the fact to
be that her one sixteenth interest in
the aforesaid cash was greatly in ex-
cess of s37,5oO.
Frightened Into Sale.
Had plaintiff known the real con-
ditionsS Of the mine, it's approximate
rvalue and the amount of money on
hand, and other property owned by
the partnership. and had she not been
deceived and frightened by Aliens
false representations. she would moi
have agreed to sell her interest there
in, and would not have executed the
conveyance aforesaid
AT the time plaintiff executed ex-
hibit "A she either did not read the
same, or it was read to her. in most
casual manner. Her attention was no,
directed to the provisions in said con-
interests in all bills receivable, notes,
checks, bonds, mortgages and stocks
| and in and to any and all property OF
any name, character and description
company or not. She was led to be-
lieve, and did believe, and suppose,
that the only property owned by the
company was it's mines, machinery
CD, no
derived from it's operations and not
then distributed in dividends.
Her Offer Is Rejected
Plaintiff did not discover the
fraud practiced upon her until De-
cember, 1916, and upon discovering
it's preparation she notified the de-
PENDANTS, Eugene r. Day and Eleanor
Day Boyce, that they had obtained
the conveyance of her interest in the
hercules mine by misrepresentation
and fraud and that she elected to re-
scind the transaction and would re-
turn the consideration ard require a
reconveyance of the property.
| one HAS IOl NltluIdNu HUH INC
bank or used any of the purchase
price paid for the conveyance; and on
January 8, 1917. she rendered to the
defendants, Eugene r. Day and Ele-
amor Day Boyce the 100000 paid in
to the bank by them, together with
interest thereon, and demanded a re-
conveyance of the property, They
have refused the tender and declined
to reconvey. Plaintiff says that she
has no desire to rescind the convey
ance of the realty in the town OF
Burke, however, If the transaction is
deemed entire, or if the defendants
require a rescisson with respect to
the Burke realty if rescission of the
sale of the partnership interest is de-
creed, plaintiff stands ready to return
the purchase price of such realty up
on its reconveyance to her.
Plaintiff asys further that she is
entitled upon rescission to the profits
accruing to her interest in the part
Inership property from the time of the
payment of the last dividend to her
but that she does not know the
amount of such profits. She AYERS
her readiness to do equity in the
premises, and to pay into court upon
an accounting and order of the court
therefor the entire purchase price paid
by defendants, with interest, or such
part thereof, or such sum of money
as the court may find proper to be
paid in order to do equity between the
parties, and to do whatever other
thing may be meet and equitable to
be done for rescission of the con-
veyance and restoration of the par
ties to the condition in which they
were heretofore.
Wants an Inspection.
Plaintiff can not certainly ascer-
tain without an inspection of (. the
mine and books of the partnership
what the value of the mine is and
what were its profits and the amount
Of money on hand at the time Of the
conveyance. She does not know, and
can not ascertain without discovery
from all the defendants, what the
several interests OF the members of
the partnership are in the one-six-
lteenth interest acquired from her
whathar uac ocnpiraI fnr oil tha