Reports of Cases Argued And Determined in the Supreme Court of ..., volume 1
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 1
Montana. Supreme Court, Henry Nichols Blake
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811 money and provisions, without which they could not have continued to prospect for the hidden precious metals, but which enabled them to discover a rich and extensive placer gold mine, thereby adding greatly to the development and wealth of our Territory, should be encouraged ; as the miners in this case seem to have appreciated when they provided that the discoverers might locate, and the parties to the agreement might hold three claims, without personally pre- empting them. The error assig...ned by the court's refusing to give the instruction, that if the jury did not find from the evidence that plaintiffs and said discoverers were prospecting part- ners, they would find for the defendant, is not sufficient to reverse tiie judgment. While the court might correctly have given this instruction, it might have, if given, misled the jury, by causing them to test the said agreement in this case by the law of commercial partnership. Judgment and order of the court below affirmed. Judgment affirmed.
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