McKenzie v. Murphy

February 7, 1894, appellant entered into an agreement with Cornelius and E. It. Murphy, whereby he agreed to sell the Murphys an interest in a mining claim. The material provision in the contract is as follows:

“Upon condition, however, that the' said parties of the second part shall pay to party of the first part ($1,000) One Thousand Dollars, on or before January 1, 1896, and also to pay for, or do, an equal share according to their interest of all work or improvements put on said claim before that time, and the failure to do so within forty days after work or money has been expended by the…