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1• t~! i~. .~ ,.~,•. ~~. ~,, 37~ FARRELL 'U. SA1'RE ~ 129 COlO. portion of section 32 and sections 28 and 33, which was on a creek bed, had been torn up in the placer opera- tions, and was known as the "Pactolus Placer." The railroad company agreed to take the gravel, but tvas concerned about the mineral reservation hereinabove set out and suggested that Farrell contact defendant Sayre relative thereto. When contacted, Sayre said, "You cart t sell the grave] unless you get a contract from me, a re- lease from me." Farrell then asked, "Will you give me a lease on all the Douglas (Pactolus) property?" Sayre said, "Yes." Sayre then gave him the ]ease knowing that the railroad company was to take the gravel. This lease, referred to in the hearing as the "Pactolus Agreement," was drafted at Sayre's directions and is as follows: "Agreement "Between Robert H. Sayre, The Colorado National Bank, Lucy I. Harrington, and Lawrence C. Farrell. "This Agreement, made this 19th day of May, 1943, between Robert H. Sayre, The Colorado National Bank, Lucy I. Harrington, parties of the first part, and Law- rence C. Farrell, party of the second part. "Witnesseth: That the said Robert H. Sayre, The Colo- rado National Bank, Lucy I. Harrington, Parties of the first part, owners of mineral rights in certain lands, grants and warrants to Lawrence C. Farrel], Party of the second part, tie right to remove and sell gravel ma- terial and the right of entrance with track and crusher plant upon the following described premises: "All said certain ]ands in Sections 28, 32, and 33, Township 1 South, Range 72 West, of the 6th P.M. whereon placer operations have been performed. "That tl~e said Lawrence C. Farrell, party of the sec- ond part, agrees to pay said parties of tl~e first part one cent (1{) per cubic yard for grave] remoi'ed. Pa}'ments to be made on quantities as measured b}' reputable engi- neer of party of the second part. "In Witness Whereof the parties hereto have executed pla ~