Tri-Bullion Smelting & Development Co. v. McLain

The defendant in error brought this action to recover $3500 with interest, as damages for the alleged breach of a contract, viz., a bond executed' and delivered to him by the plaintiffs 'in error. Trial was to the court which found for the plaintiff in the amount claimed.

There is practically no dispute concerning the facts. It stands admitted that in July, 1907, the defendant, the smelter company, entered into an agreement with the Canon City Merchants’ Association (a Colorado corporation), and the plaintiff Charles R. McLain, trustee, who was to act as trustee for contributors of funds to be…