Metz

This is an action upon a promise in writing alleged to have been contained in a letter written by Nathaniel Bell, now deceased, on October 18, 1896, and addressed to one of the plaintiffs, by which said Bell agreed to pay plaintiffs $5,000 in the event of a sale by Bell of certain mining property of his situate in Grant county, New Mexico, to any of the parties to whom plaintiffs had endeavored to sell the same, said sum to be paid upon payment in full of the purchase price obtained at such sale.

The plaintiffs' case depended almost entirely for evidence to support it upon the letter above referred to, and without said letter in evidence the case would be entirely without support. Against the objection and exception of defendant a foundation was laid for the introduction of this letter through the testimony of the defendant Mrs. Bell, she testifying that the letter was the writing of Mr. Bell. After the letter had been placed in evidence the court expressed some doubt as to the correctness of its ruling in permitting the witness to testify to her husband’s handwriting, and seemed to think that it should have been excluded under the provision of subdivision 1, section 1881 of the…