Byrne

The action is one to obtain a judgment decreeing defendants to hold in trust for plaintiff an undivided half-interest in certain mining locations. Plaintiff’s claim of right thereto is based upon what is known in miners’ parlance as a “grub-stake” contract.

This contract, the court finds, was entered into between plaintiff and defendant Knight about the 3d of January, 1906, and that plaintiff and defendant performed all conditions imposed upon either up until January 12, 1906, upon which date, the court finds, the contract was abrogated, and that thereafter plaintiff furnished no supplies to Knight. That while Knight did, on and between February 14 and April 26, 1906, locate the following claims, known as “Last Hike” Nos. 1, 2, 3, 4, 5, 6, 8, 10,12, 14, 15,16, 17,18,19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, the “Mars” group, consisting of eight claims, numbered 1 to 8, inclusive, and the “Venus” group, consisting of eight claims, numbered 1 to 8, inclusive, he did not locate during that time “Last Hike” claims Nos. 7, 9, 11, 13, 27, 28, 45, 46, 47 and 48, or “Jupiter” Nos. 2 and 4. That defendant Knight did not locate all…