Page:Federal Reporter, 1st Series, Volume 4.djvu/710

 69Q FEDERAL BBPOBTBB. �waa not then in the command of the parties, and that, like the^property, it was beset with dangers of which no man could then form a just estimate. However this may be, tiiere was no understanding that this fund should be used in the pur- chase of the property, nor was there any agreement as to how the money should be raised for that purpose. As the resuit • of the several interviews between Bissell and Foss ou the Bubject of the purchase, it may be said that they were united in a purpose to get the Handley interest for partnership ac- count, if it could be obtained at a cost of |30,000 or less, but nothing was done towards raising the money. With this end ia view negotiations took place with members of the Hand- ley party, but nothing was accomplished until a few days iater, when Hunter arrived at Leadville, Whether Hunter was then advised of what had taken place between Bissell and Foss and the Handley party, we are not informed ; but upon bis arrivai a new arrangement was made between himself and Foss for obtaining the Handley interest, and apparently without the knowledge of Bissell. This was, in substance, that Hunter -was to assume to sell to Foss his oue-fourth interest in the property for $15,000, in order to induce the Handley party to sell their one-fourth interest at the same priee; and Hunter was to furnish the money for the Hand- ley interest, and have two-thirds of that one-fourth, or two- twelfths of the whole, — the remainder of that one-fourth, or one-twelfth of the whole, to go to Foss. This trick was suc- cessful, and Foss was made the grantee of one,-haif interest in the property from Hunter, Handley, Eobertson, and Eaw- lings, of which he a few days Iater reconveyed five-twelfths to Hunter. In this performance Handley, Eobertson, and Eawlings received $300 from Foss and $14,700 from Hunter, who pretended to act in that matter as the agent of Foss, but really furnished the money himself. Before the transaction was fuUy completed by the payment of the money, and prob- ably on the day the deed was made and before it was deliv- ered, Bissell was advised of it, and at once asserted his right to an equal shai-e in the property with Hunter and Foss, and expressed his ■willingneas to pay his part of the purchase ����