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Show I LACK OF MARKET CAUSE OF ACTION IN COURT That capital stock of the Bovard ! Stock Gold Mining company of Nevada did not find a " very' read v. sale, is The burden of C. E. 'Miller's complaint against Thomas II. Fitzgerald, filed m the third district court Saturdav. i I On May 11. 1908, according to tho j complaint. Miller gave Fitzgerald $V2iO J to bo used in the purchase of 5"00 j shares of tho capital stock of the Xe- vada company, to be held by Fitzgerald i until both agreed mutually" to sell. If they sold at a profit, Miller wjas to receive re-ceive hits $1250 back and share equally in tho profits; if at a loss, each was to bear an equal sharo of the loss. In the event that the stock found no Fale Miller was to receive $1525 of the $1250 turned over to Fitzgerald back and S500 shares of slock. Since the acquisition of tho stock, Miller alleges, thoro has been no sale for it. and he wants his $625 and 2500 of stock, which Fitzgerald refuses to turn over to him. Tho suit-is to recover re-cover the $625 and one-half tho stock. |