Botsford

Appeal by defendant from a judgment and an order denying a new trial.

The action was one to recover the purchase price of certain shares of mining stock alleged to have been sold by one Melius to defendant for an agreed price, and the assignment of the claim for such unpaid purchase money by Melius to plaintiff.

The court found that on June 17, 1907, Melius sold and delivered to defendant the shares of stock; that defendant agreed to pay therefor the sum of $14,500, on or before September 10, 1907; that before suit the demand was by Melius assigned to plaintiff, and by reason of nonpayment, judgment went for plaintiff in the sum demanded.

It is contended by appellant that the evidence is insufficient to support the findings with reference to the sale, or the agreement to pay the stipulated price, or the assignment of the claim. The contract was evidenced by correspondence in which defendant offered to pay Melius in cash, on or before August 10, 1907, dollar for dollar on account of his original investment in the Hardshell-Flux mining properties, and $10,000 in addition. Melius, on the eleventh day of June, by letter, accepted the proposition and notified defendant that he had…