California Court of Appeal January 5, 1944, Civ. No. 3238 (Stewart v. Santa Rosa Mining Co.)

BARNARD, P. J.

This is an action on a note for $5,000 given to the plaintiff by the Santa Rosa Mining Company, which will be referred to as the mining company.

In 1933, the plaintiff and one Duncan located four mining claims in Inyo County, known as the Empress Nos. 1 to 4. On June 23, 1938, the plaintiff and Duncan sold these claims to the mining company, of which J. R.