Harlow v. Silveria

LANGDON, P. J.

This is an appeal by the plaintiff from a judgment in favor of the defendants Edward L. Shadboldt and Addie Offutt, individually, and as special administratrix of the estate of John Offutt, deceased, in an action brought to recover $14,990, the balance due upon the purchase price of certain mining stock alleged to have been purchased by the defendants from the plaintiff. Plaintiff also asked for

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$2,600 alleged to have been expended by him upon the mining property in controversy at the request and for the benefit of defendants under the terms of the contract between him and the defendants for the purchase and sale of said stock.

The defendants Charles M. Silveria and Edwin D. Caster-line were never served with process and did not appear in the action. Subsequent to the commencement of the action, the defendant John Offutt died and thereafter the defendant Addie Offutt was duly appointed as special administratrix of the estate of John Offutt, deceased, for the purpose of representing said estate in the said action, and said Addie Offutt, as such special administratrix, was substituted as and for the defendant John Offutt in this action.

The plaintiff and the defendants entered into a written contract by which the plaintiff, through his attorney in fact, agreed to sell to the defendants, for the sum of $15,000, all the capital stock of the Alaska Gold Dredging and Improvement Company owned by plaintiff, amounting to 480,000 shares, together with all claims or liens which said Harlow might have against said company. It was further provided that the purchase price should be paid as follows: $10 cash upon the execution of the agreement and $14,990 within thirty days. The following clause then appears: “And the said party of the first part (plaintiff) further agrees that he will furnish to the parties of the second part (defendants) an abstract of title to the property owned by said Alaska Gold Dredging and Improvement C'o. as originally deeded to it by the Houston Hydraulic and Dredging Company, on or before the expiration of said thirty days, which said abstract of title shall show title in the said Alaska Gold Dredging and Improvement Company, free and clear of all incumbrances whatsoever on said date.”

There are further provisions in the agreement as to the delivery of the seal, stock books, and records of the company by the plaintiff to the defendants and an agreement that the defendants, upon the fulfillment of the obligations of the plaintiff under the contract, would fully satisfy and discharge a certain money judgment theretofore entered in favor of defendant Addie Offutt and against the plaintiff.