Kinkead v. Lynch

HAWLEY, District Judge (orally).

There are but two questions involved in this case that I shall consider upon this motion: (1) What was the nature of the contract sued upon? (2) Was the verdict of the jury excessive?

The amended complaint alleges:

“1. That on or about the-day of July, 1903, at Virginia Oity, Nevada, plaintiff and defendants, Thomas J. Lynch and M. O’Meara, through their duly authorized agent, Henry J. Kinkead, entered into a verbal contract whereby plaintiff agreed to construct and equip a quartz mill, known as and called a ‘Kinkead Mill,’ the same to be of the capacity of…