Henry Billings Brown

“ Bowman seems to have left Leadville the day following the execution of the contract with the understanding that Patrick should remain there, and superintend the opening of the shaft-in short, that he should be the resident partner of the enterprise. He and Bowman were each to contribute one half, and to have an equal interest in the venture. On March 25th, Bowman sold to James M. Patrick, brother of the defendant, William F., one third of his half interest, in consideration of Patrick paying one third of Bowman's share of the cost of sinking the shaft ”

“ Louis on June 19th, in which Bowman offered Patrick all his interest in the enterprise if Patrick would return the note Bowman had just given him. Patrick replied that he had already as much as he could carry, but upon his return to the west he would speak to a man who he though might take the offer. Accordingly, in his letter of June 22d, he does not offer to buy Bowman's interest himself, but says: 'I think I know a man who will pay the note you gave me, $288.69, and take your interest off your hands. ”

“ Martin, 2 Wall. 70,-that where one partner is present, in sole charge of the business, while the other is at a distance, in order to sustain a sale of the absent partner's interest, it must be made to appear that the price paid approximates a fair consideration for the thing purchased, and that all the information in the possession of the purchaser necessary to enable the seller to form a sound judgment of the value of what he sells should be communicated by the buyer to him. ”

“ Justice Nelson, in delivering the opinion of the court, said, (page 400:) 'We are of opinion that an offer, under the circumstances stated, prescribing the terms of insurance, is intended, and is to be deemed a valid undertaking on the part of the company, that they will be bound according to the terms tendered, if an answer is transmitted in due course of mail, accepting them, and that it cannot be withdrawn unless the withdrawal reaches the party to whom it is addressed before his letter of reply announcing the acceptance has been transmitted.' This case was cited and followed in Byrne v. ”

“ He proceeded at once to Ashland, Wis., the nearest telegraph station, and on July 13th telegraphed Patrick as follows: 'Yours of June 22d received yesterday. Proposition accepted. Send note.' To this Patrick replied by telegraph, sent both to St. Louis and Ashland, as follows: 'Acceptance too late. Proposition was dependent upon immediate acceptance in St. Louis. See my letter of the 5th.' In view of the fact that Patrick was informed when in St. Louis, June 19th, that Bowman was about starting for the woods for the summer, and that his letters of June 22d, 27th, and 28th were sent to St. ”

“ Sellers, as I am anxious to continue work on that property, and see what is there.' Now, it does not clearly appear whether he had seen Col. Bissell, or not, when he wrote these two letters, but in either case the letters were untrue, though they may have been written in good faith, and with the expectation that Col. ”