Cheesman v. Nicholl

' Appellee, who was plaintiff in the suit, and six others conveyed to the defendant their interest in certain unpatented placer mining claims. The consideration recited in the deed was $2,200.00, hut it is claimed that prior to and at the time of the execution and delivery of the deed, there was an oral agreement between the parties whereby the defendant should pay to the plaintiff and his co-owners the sum of $1,300.00 additional, if the defendant ever htilized the property for any purpose. It is admitted that prior to the commencement of this suit, defendant had utilized the property in the…