66 F. 425 | 2d Cir. | 1895
This is an action upon a written contract in the words and figures following:
“N. Y„ July 15, 1891.
“The understanding I have with W. J. Hammond, Jr., is as follows: That in case I effect a sale or deal of the Confidence group of mines situated in Soeorao county, New Mexico, through the introduction, by said Hammond, of A. F. Sortwell or his associates, I am to pay said Hammond from the sale of stock of the Confidence Mining Company, which I am to sell at par, $25,000 in cash, and am also to assign to W. J. Hammond, Sr., $25,000 of the aforesaid mining stock, and, in addition to the aboye, I am to pay over to said Hammond, .Jr., $25,000 in cash, and am to assign to said Hammond, Jr., or whom he may direct, $25,500 of the aforesaid mentioned mining stock.
“George Crawford.”
The plaintiff contended that he performed the services required of him, and, alleging that the stock of the said company was worth $25 per share (the par value being'$5), demanded judgment for $302,500. He sought to prove performance by showing that through his procurement Sortwell entered into an agreement with defendant containing the following provisions, viz.: That Crawford was to canse