Farrell v. Garfield Mining, Milling & Smelting Co.

Upon May 14, 1903, a contract was entered *161into between John L. Farrell and C. H. Abbott, of the first part; G. R. Wysong, J. H. Tribby and Chas. Hamblen, of the second part. The appellee is the successor in interest to the parties of the second part.

The first parties were the owners of certain properties consisting principally of lode mining claims in the counties of Chaffee and Saguache. 'The contract states that the parties of the second part were desirous of organizing a company to purchase said properties; it provides, in .substance, that the second parties would at once proceed to.…