Teachenor v. Tibbals

Tbis is an action upon contract to recover $318.75. It appears that on June 12, 1896, plaintiff being then tbe owner of ' an undivided one-fourtb interest of tbe Liberal Lode mining claim, conveyed bis interest therein to Tbomas Ma-*11rioneaux, for a consideration of $1,250, of which $400 were paid in cash. As to the balance, $850, the vendee, on the same day, made a written agreement with the vendor, which, so far as material here, reads as follows: “It is agreed that said first party [Marioneaux] will pay to the second party the additional sum of $850 out of the first net profits which may be…