Show Bill JUDGMENT I is 3 RENDERED C Court urt Decides s Defendant in iii Mining Suit Must Pay 1 r COMPELS OPTION PAYMENT The Case Is One of Unusual Interest in Mining r Circles 1 K E. Calno CRIne aul and Max Jung Jung- j. i l haild received Ad judgment ju of or I. I against K P. J. J Hagenbarth In the tho District District Dis Dis- court before Judge J T. T IX 1 Lewi F. F In their suit stilt to compel payment pay pay- mont ment on Oil an option given Riven l ir In 1307 1901 to toHa Ha on un the LU Ludwig mine In Mason lIon county Nevada evada The rhe attorneys for fat Mr Ir Hagenbarth H gave notice that un an appeal would bo he taken to the du- du u u- u eme court COUlt 31 f l The evidence showed showe that Calno Caine and v v Junghandel made an On agreement Jan t 17 1907 for the purchase of the property prop prop- orl erty orty from the Ludwig Copper Mining c company They were to 11 pay cas cash and antI within eight months Iho they were t to tocOl cOl complete the transaction b by payment pay men z of more One month afterwards after arter- 4 wards Cl Caine anti and Jun sold rights to the property to I F. F J. J Ha Hagenl Hagen flagon en- en l barth arth rth for receiving 1000 cash cah and atul an agreement to 0 pay Ilay tho 1 ie te- te c- c In rc regular ul r payments It It developed de that Mr Ir never e exercised this title option but hut later late formed lie a company which over J the tho property which he hl now controls the option expired Mr Ir CaIne and Mr brought rought suit to tot t Iel recover ovel th tho remaining payments duo t from Mr Ir Hagenbarth which were in sums of OOOO duo In March and anil 50 CO liO- 1 each due duo In May Ia Jul July and I ber ler of or 1907 Payment was resisted by o on the grounds that he lie did hl not not- exercise exorcise the tho option t The opinion of ot Judge Lewis was to the tho effect that h tho report of or an on expert was thorough thorough- thoroughly l ly 11 familiar with the property and the option was of great value with copper at that haL time selling above o 21 24 J cents and all copper COppOl stocks high The court held that after Caine Calno anti and Junghandel sold their option to It pot not revert rovert to them and there was no wa way In which they could coull keep their original option in force torce orce oven even thou though h they believed rth dl did not Intend intend In Intend In- In tend to complete his transaction with them N 1 The ca case has been one ono o of ot unusual In Interest In- In terest t in mining circles and it was tried and submitted in June luneo of last year Mr Ir CaIne and Mr lr were weN represented by hy C C. S. S Price and W 10 II H. DIckson appeared for Mr h Hagen Hagen- berth barth |