Tatum v. Brooker

The plaintiff sued for the purchase money of a gold mining claim in Montana Territory, which he alleged he sold to the *149defendant for the price of seven hundred dollars in gold dust, claiming the value thereof to be one thousand and fifteen dollars, for which he asked judgment. •

The defendant denied the sale and all the allegations in plaintiff’s petition. The case was tried before the court sitting as a jury. The testimony was conflicting as to the character of the sale. For the plaintiff it was maintained that the sale was absolute, while the defendant endeavored to show that it was…