Oliver Wendell Holmes, Jr.

“ This is a suit by the appellant for the specific performance of a contract made between it and C. C. Miller, A. V. Miller, now deceased, and G. B. Lasbury, hereafter called the vendors, for the sale by the latter parties, on certain conditions and terms, of 175,000 shares of stock in the appellant, or, in the alternative, of all their interest in the West Brooklyn and certain other mining claims. The bill alleges the failure of the condition referred to, and seeks a conveyance of the interest in the mining claims and an account. ”

“ The vendors owned the mining claims and had given an option to purchase the West Brooklyn claim and another, not concerned here, to the United Verde Copper Company, which was extended and kept in force up to January 1, 1908. In 1906 a stockholder in the appellant had begun a suit on behalf of himself and others, afterwards amended so as to make the appellant plaintiff, to have the Millers and Lasbury, also stockholders, declared trustees for the appellant of the mining claim now in question. ”

“ But on December 23, 1908, it was agreed in open court, in consideration of the defendants allowing a continuance of the present Arizona cause, that no judgment that might be obtained in Nebraska should be pleaded. The court properly held the appellant to its agreement. ”