Griffin

This action was commenced November 20, 1893, in the district court for the district of Alaska, by Martin W. Murray against the Nowell Gold Mining Company, to recover $25,000, with interest, under and by virtue of a written contract entered into August 21, 1891, by and between Murray and a corporation styled “Silver Bow Basin Mining Company.” By that contract Murray agreed and covenanted, for the considerations therein stated, to sell to the Silver Bow Company a certain mining lode claim, situated in the Harris mining district of Alaska, called the “Morris G,” which the contract declared to be fully described “in the deed of the party of the first part [Murray] to tl/e *793 party of the second part [the Silver Bow Company] of even date herewith, conveying said premises, and also the field notes of the United States deputy surveyor as set forth in the application of the party of the first part for a United States patent to said location known as the ‘Morris G,’ which application bears date the 13th day of August, 1891.” The contract contained a further covenant on the part of Murray “to prosecute said application for a patent in the land office to a final destination…