Dennison

This is an action by W. E. Dennison, the respondent, against E. W. Chapman, the appellant, upon an alleged breach of a contract by which the defendant agreed to purchase a mine for the joint benefit of plaintiff and defendant.

Plaintiff had a verdict and judgment for thirteen hundred and twelve dollars and fifty cents and costs. The appeal is from the final judgment and from an order denying defendant’s motion for a new trial.

On the second day of September, 1889, plaintiff and defendant entered into a written contract, by the terms of which defendant agreed (provided the purchase could be made at a price satisfactory to the parties respectively) to purchase, within thirty days from the date of *451 the agreement, the Bumfeldt Hydraulic Mine, situate in the county of Trinity, California.

Upon such purchase being made the plaintiff was to be placed in charge as superintendent for a term of one year at a monthly salary of one hundred and fifty dollars.

Defendant was for the period of one year to reserve and carry for the plaintiff a one-fourth interest in the mine, and at or before the expiration of the year to give plaintiff a clear title to such one-fourth interest at cost…