Occidental Consol. Min. Co. v. Comstock Tunnel Co.

(orally). This is an action to recover damages in the sum of $127,292.25. Plaintiff’s right of recovery' is alleged to be supported by three different contracts: (r) A contract between plaintiff and defendant; (2) a contract between the Chollar Mining Company and the defendant; and (3) a contract between the plaintiff, the Potosi Mining Company, and the Chollar Mining Company. These contracts are of different dates, between different parties, and upon their face might, at first blush, seem to be on different subjects. The defendant moved the court to have the allegations of the 'complaint…