Gilpin County Mining Co. v. Drake

The first assignment of error discussed in the briefs of counsel is, “ That the court erred in permitting parol evidence of the contents of the alleged agreement, signed by the plaintiff, to go to the jury under the notice given to produce the same in open court upon the trial of said action.”

The complaint, as amended, alleges the sale by the plaintiff below of a certain mining claim, on the 15th day of April, 1879, to the Gilpin County Mining Company, defendant, and the execution of a written agreement in duplicate, setting out the terms and conditions of the contract; that one copy thereof…