Davis v. Thomas

This action was commenced by plaintiff in error to compel defendant in error to convey him an interest in the Thomas lode. He bases his right to this relief upon an alleged contract which, he claims, was entered into between them, whereby it was mutually agreed that he should defray the expenses of surveying and perfecting such location, in consideration of which the defendant was to convey him an interest therein. He further claims that he has complied with this agreement upon his part. At the conclusion of the evidence on the part of plaintiff, defendant moved for a non-suit which was…