Page:United States Reports, Volume 209.djvu/491

 ment recites that Sweet had transferred to .the other parties a large number of promissory notes, which Sweet had taken for purchase money due on certain town lots previously sold by him. Bogard and Ms aocates by the agreement bound themselves to use due diligence to collect the notes, handing over to Sweet two-thirds of the amount collected on them. The parties with whom Sweet made this arrangement were members of the Mangum Star Printing and Publishing Asso- ciation, a partnership located aS Mangum. The arrangement, �evidenced by the deed and the agreement, had for its object the building up of that town, the parties, as stated, with whom Sweet contracted receiving, as compensstion for their ser- vices, one-third on the sales of lots and a like proportion of the proceeds of any notes collected by them. There .was no other consideration for the arrangement. The absohite title to the lots was put in Bogard and his associates for purposes of con- venience, namely, that they might the more easily effect sales of the property. The situation was accurately described by the Supreme Court of the Territory of Oklahoma when it said: "The reconl discloses hat at a dte when Ger County was claimcl to be a part of and urnlet the jurisdiction of the State of Texa, H. C. Sweet purchastl the land in controversy from that State, and while claiming the same under such title, plattcA it into town lots which became, and were at the time of the action, a part of the townsite of the city vf Mangum. H. C. Sweet, desiring to aid in the uphuilding of a newspaper and the to generally, exitcreel into a contract with the de- fcndant in .error, and others, to allow the plaintiffs in error to sell his townsite property, and to collect certain notes which he then had, for property by him theretofore sold, the un- derstanding and agreement being that, in order to facilitate the business, the plaintiffs in error were to form a co]oora- tion for the purpose of nnning the newspaper and selling the real estate, it being agreed that the corporation.should sell the property and collect the notes and pay to Sweet two-thirds of the amount of the sales and retain one-third thereof as their

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