Page:Federal Reporter, 1st Series, Volume 5.djvu/183

 DZIiMONICO V. BOUDEBUBH. 171 �enough to enable the plaintiff to ehare in the advantages Becured by Koadebush from the use'of the contract; and the circumstance that something more than securing the title of the Denver party was done by Eoudebush, will not defeat that claim. It seems that Eoudebush obtained the Lee and Stockbridge title also for the Colorado Springs party; but, in a case of this kind, the court will not consider whethor there were other elements in the transaction than those upon which the plaintifif may rely. The ground of relief is the wrong done to the plaintiff in the use of his means; and, if other consid- erations entered into the transaction, the plaintiff will not be defeated for that reason. And so it must be said that the plaiï^tiff is entitled to share in the property obtained by Rounebush through the use of the contract with the Denver party, in which the plaintiff Was interested. He claims one- fiixteenth interest in the mine, according to the terms of Mb original contract ; but as the contracts of purchase were not càrried eut, and côuld not be from the f ailure to pay the pur- chase money, there is nothing to support that claim. It is more just to say that the plaintiff had an interest of one-sii- teenth in the contract with the Denver party, and that he is entitled to share to that estent in the avails of that contract obtained by Eoudebush. Upon the settlement with the Col- blrado Springs party, it seems that Eoudebush was given an interegt in the mine of one-fifth, and the plaintiff is entitled to one-sixteenth of that interest. �The cause will be referred to a master to ascertain what income bas been received from the mine by Eoudebush and Pennock; and when his report shall corne in a decree will be entered for one-sixteenth of the net income from the one-fifth interest, and for a conveyance of one-sixteenth of the said one-fifth. ���See Adjohaltt, 59, GO; TlEmoval ov Causes, 3. ����