Grantz v. Deadwood Terra Mining Co.

Citations

• 17 S.D. 61
• 95 N.W. 277
• 1903 S.D. LEXIS 7

Syllabus

<p>Plaintiff conveyed to defendants a one-fourth interest in a mining lode, title to a part of which was disputed by owners of 'another lode, in consideration of defendants, who were attorneys, taking, charge of plaintiff’s interests in the premises. Litigation was averted through defendants’ exertions, and a compromise effected, whereby the conflicting interests of the parties in the two lodes were consolidated. After the fulfillment of this agreement, defendants purchased the interests of the original owners of the second lode in that lode, conveying the same to other parties, and refused to account to plaintiff for the proceeds of the transaction. Held that, defendants’ retainer as attorneys having terminated with the execution of the consolidation agreement, they occupied no trust relation to plaintiff involving a liability to account to him in acquiring interests in the lode and disposing of the same.</p>