Show J 1 ORDERS NEW NE TRIAL IN BIG MINE CASE ASE Hagenbarth Wins Suit on an Appeal to Su Supreme p preme Court LEWIS REVERSED CAINE AND JUNGHANDEL WERE VICTORIOUS IN LOWER COURT 1 0 Frank J Hagenbarth wealthy sheep and cattle man and mine owner won by two opinions hande down by the supreme court yesterday which reverses Judge T D Lewis of the Third district court in the suit of Joseph E Caino Caine and Max Ma Junghandel over the sale ealo of an on the LUdwig mine In Ne Nevada Neada vada ada and sends the case back to the district court for a new trial There were two options to ld one for 90 and he other for The inter t brought the amount of the judg judgment ment rendered against Hagenbarth up to flOOD J Justice J 1 E Frick wrote the tho Ions which are concurred In by thief Justice D N anti and Justice v M 11 McCarty The facts arA ar identical In 1 each case and one opinion both claims though a short opinion Is appended settling the second case The tight fight for this fortune hinged upon the construction placed upon an ani i on the tho Ludwig mine which was sold Bold by Caine and Junghandel to Hag on February 7 1907 Caine and andU U had previously taken anft an on the LudwIg mine for 1000 ft QUO which was to have been paid for H LI within thirty do days with within in aLty days das In six and the remaining In eight This agreement WILS sas made on onH 17 1907 H Paid Down Ill l agreement for the sale of the theto 11 n to Hagenbarth provided tor a aown own pa ment of which waS raid paid Later Hagenbarth Investigated t the he property and refused to pay the addition Shortly after this property was purchased by Hagen larth and others who formed a corn com company pany any for the purchase ut was then brought agaInst Hager Hagel faT fOT the payment or the ing under the option i When the case was heard before Judge Lewis ot of the district court It vas as held that the option was binding upon Hagenbarth and that lie he owed dIn ain and Junghandel for the orf f the purchase price ot of the option fter the conclusion ot of the evidence od ar arguments the case was held by ludge Lewis for several months and was taken to tue supreme court t once upon the judgment In favor of alne and Junghandel Justice Frick holds that the Option WiS a provisional one and that Hag was not compelled to pa pay the I I until he had in investigated the property He allowed ills his option to lapse lapie however and lost the The Tho fact that lie he later a company and purchased the mine Is not given weight by the court Agreement Was Improper The he supreme court takes a ethod of attacking the form of the which gave rise to the legal hattie Through the lengthy length opinion t lere are several references to the thern rn of agre agreement ment and its possible con owing to Its is Improper form The Tte opinion In regard to the he ot of ottile 4 tile te ds In one IiI other words the parties con cont t that rt ii blatting bInding contract of i purchase and sal o thc mining prop I should bo be under the option before it shoula become tory upon appellant Ha Hagenbarth to pay Jay any pt of the This contention Is we think clearly Implied in the agreement and is therefore as binding as If expressed In apt terms The case Is reversed and remanded U the district court for a nEW trial |