Dickinson

Action to recover a sum of money paid in the purchase of mining stock, which purchase was made under an agreement for the repayment of the same. Judgment went for plaintiff, from which defendant appeals upon the judgment-roll accompanied by bill of exceptions.

Defendant was a foreign mining corporation authorized by its articles of incorporation to transact business in California. It is alleged in the complaint that at the time of the filing thereof and at all times mentioned therein defendant was engaged in the transaction of business in said state; that on December 7, 1903, plaintiff and defendant entered into an agreement whereby plaintiff purchased from defendant one thousand shares of its capital stock for the sum of $3,500, the defendant on its part agreeing that in consideration of such purchase defendant would, on demand of plaintiff, after the latter had inspected and examined defendant’s mining property situated in the Republic of Mexico, repay and refund to him the purchase price of such stock; that pursuant to this agreement plaintiff paid the $3,500, and defendant issued to him a certificate for said one thousand shares of stock; that as a result of his inspection of…