Page:Federal Reporter, 1st Series, Volume 5.djvu/178

 166 FEDERAL REPORTER. �and Charles Stockbridge constituted athird party,who claimed the same mine in opposition to both the others. �On the tenth of May, 1879, Lorenzo D. Eoudebush, a defendant to this bill, agreed with James V. Dexter, who rep- resented the Denver party, to purchase that title for the sum of $165,000, payable within 90 days. The agreement ap- peara in a letter from Dexter to Eoudebush, in which the former agrees to give a title bond for the property, upon the payment of $10,000, on or before the seventeenth of that month. The time for such payaient was afterwards extended to the twenty-seventh of May. No bond was ever given in accordance with this proposai, but the $10,000 was paid, as will be hereafter stated. On the fifteenth of May, 1879, Eoudebush obtained from the Colorado Springs party a bond to convey their interest in the property upon payment of $135,000 within 60 days, $10,000 of which was to be paid on or before May 26, 1879. With these papers Eoudebush w:ent to New York, arriving there about the twentieth of the same month of May, and entered into negotiations with James M. Selover, a broker, residing in that city. Such nego- tiations resulted in an agreement by which Selover was to furnish the money to purchase the property — amounting to $300,000 — for an interest of five-eighths in the mine, Eoude- bush retaining three-eighths. Thereupon, Selover applied to the plaintifï, Charles Delraonico, who agreed to take an inter- est of one-sixteenth in the mine, and to pay $5,000 of the $20,000, which, as before stated, would become due under the agreements on the twenty-sixth and twenty-seventh of the month of May. Selover also applied to John P. Jones, who in turn applied to Jerôme B. Chaffee, and ChaflFee agreed to pay $15,000 of the $20,000 before mentioned, and to take an interest ot six-sixteenths in the mine for himself and Jones. These sums were accordingly paid to Selover by Delmonico and Chaffee, by cheoks drawn on banks in New York, and these cbecks were turned over to Eoudebush, and by him ap- plied to the payment of the sums falling due under the agree- ments aforesaid on the twenty-sixth and twenty-seventh of May. ����