Lipscomb v. Nichols

The complaint sets ont that the plaintiffs in 1880 were prospecting for coal upon certain of the public lands described, and had expended labor and money thereon, and in preparing to secure- title thereto; that afterwards they entered into a verbal contract with defendant Nichols, whereby it was agreed that said plaintiffs and Nichols should develop the said coal land, and procui-e title to the same, for their joint benefit; that each should be entitled to an undivided one-third interest in the land thus acquired; that Nichols should do all the labor of opening and developing the coal…