Carter v. Rhodes

The respondent, on December 24, 1894, was the owner of an interest in a certain mine known as the “Nickel Plate,” and on that date he and the appellant entered into an agreement, in writing, by which it was agreed that the respondent should sell, and he did sell, to the defendant one-half interest in said mine for the sum of five thousand dollars, four thousand dollars being paid on the execution of the agreement, and one thousand dollars balance to be paid only out of the net proceeds of the ■ working of the one-half interest in said mineral claim conveyed; “and that in no event shall the…