Love v. Mabury

Ross, J.:

Cooper, Farley, and Bamum—assignors of the plaintiff— contracted in writing with the defendants to furnish certain materials for, and to perform certain work upon, the Stonewall mine, mill, and mining property, situate in San Diego County, in consideration of which the defendants agreed to pay them the sum of one thousand seven hundred dollars— eight hundred dollars during the progress of the work, “ and the balance of nine hundred dollars to be paid out of the first proceeds of the mine, after deducting expenses.” The materials were furnished and the work completed by Cooper,…