Washer v. Independent Mining & Development Co.

COOPER, C.

This action was brought to recover of defendant the sum of four thousand five hundred dollars. The case was tried before the court, findings filed, and judgment thereupon entered for plaintiff as prayed. This appeal is from the judgment on the judgment-roll.

It is claimed that the court erred in overruling defendant’s demurrer to the complaint, and that the judgment is not supported by the findings. Both questions may be considered together. The facts as alleged and found are substantially as follows: On the eleventh day of July, 1895, F. A. Stephens and C. L. Banta were the joint…