Page:Federal Reporter, 1st Series, Volume 5.djvu/180

 368 TEDEBAL KEPOBTEB. �have been known that the en tire sum would have to be raised to complete the purohase. Upon this it seems to have been understood that Chaffee and Delmonico would pay the entire amount — the latter according to the interest to be acquired by him, one-sixteenth oî the whole^ and Chaffee to pay the remainder. �Before the money became due to the Colorado Springs party, Jones and Chaffee came to the state apparently with the view to complete the.purchase, and after some examina- tion of the property and the title to it, Chaffee declined to go on, upon the ground that the Lee and Stockbridge title was out- standing; and thereupon it is conceded that the contract •with the Colorado Springs party expired by its own limita- tion. Some time remained — that is to say, until the eighth of August — before the contract with the Denver party would expire, and in this interval Eoudebush entered into negotia- tions with the Denver party with a view to acquire their interest for the Colorado Springs party. He also arrangea for the sale of the Lee and Stockbridge title to the Colorado Springs party, and this probably entered into the purchase of the Denver party's title. The evidence is not clear on that point, but it is shown that $10,000 was paid for tlje Lee and Stockbridge title, of which the Denver party contributed one- half, and the Colorado Springs party one-half ; and probably this arrangement could not have been made except upon some understanding as to the settlement of ail controversies between the parties. It is hard to believe that thesa two parties would have corne together to purchase the Lee and Stockbridge title without some accommodation of the contro- versies then pending between them. �In the last days of July, the sale by the Denver party to the Colorado Springs party was effected through the agency of Eoudebush, and the principal question in the case it whether this was done pursuant to the contract betweeu Eou- debush and the Denver party. Upon that question there are several cireumstances of great weight. Although the contract was not completed by the conveyance from the Denver party to the Colorado Springs party until some time afterwards, ����