New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-15

his OneY III tIYtdIs, ho"O'''t "N f@'f~
lei. that Hazard within few days AFTER the
nu,ch.se. wrote 20 Ives that he had not been able
10 buy the farm at Ivess price, and thu. he had
bought it at a. enhanced price. Nor doe. there
seem any reason to suppose tha. Hazard volun-
TERED bis services 10 Ives TO purchase the farm for
him exclusively at spy price, OF ever intended to
give Ives any interest in the purchase, except 10
consideration that Ives would accommodate hi n
by sharing the farm in such way that
Hazard might have the house. Hazard also
allesed, in BIZ. answer to Ives's bill, that
month or 20 before his Witt to Providence, above
referred TO, Ives called On hin At hs hOnse II New
port. and in the course of conversation asked him
what be meant to do with his purchases question
Natural enough on Ives's part snce Hazards
means were h.rdly such az to enable him u meet
the PAYMENTS without ceiling il, or q part OF II.
Hazard replied that he would sell psrt Of il, bat
meant 10 keep the bouse for him,elf ard family,
soon after which Ives left, With the remark:
"Wben you core TO Providence come and see
me-" Gong to Providence about month
after. with bis wife-sucn is Hazards stOry-'or
purchases connected with bis business OF SUMNER
boarders, then about TO recommends, be did call
on Ives. According to the testimony Of less
brother, Jves, after expressing his surprise that
Hazard bad bought the land without communl-
eating further with him, urged Hazard to sell the
whole 10 bin, and s,ked bis price. Hazard de-
clared that he did not wish TO sell the whole. He
repeatedly st,ted that his wife would not agree to
il. He would sell part. But Ives did not want
part, and sill pressed for q price for the whole
when Hazard bestatiDely said that, If be sold the
whole be must have Sl5,0 though be wouli cell
a part for lets rate-a reply made, as Hazard
states, not with the expectation that Ives would
pay that price, but just TO get rid Of him. Ives,
after trying for an abatement pronounced $4,000
altogether too much, at which point OF the con-
yersatioD Hazard left, saying that he would have
lust time 10 reach the steamboat. He asspeedIly
followed by Ives, who returned in less than hall an
hour; ard exhibited to the witness memorandum
the sams upon which the equity suit was brought
written by Ives in pencil, in his own hand
in his private memorandum hook, but signed by
Hazard. as follows: "2sth of May, 1852. |
occupied and owned by me say about forty fee
acre,-in Newport, for the sum of fifteen thou
",ard dollars ISL, OOO), payable 25ih of March,
"1653, when possession i. TO be given, X. II. Ives
"paying the annuity for 1552."
Hazard swore in his answer to the bill that when
Ives reached the boat it was just on the point OF
Leaving; that he burredly ,cribbled the msmoran-
DUN, then turning the book to him said, Just pu!
"your name here as mere memorandum" and
that he, in his hurry, signed it without due
consideration, and without the idea OF binding
himself absolutely to convey the farm If his wife
should still object. That the whole thing was done
in hurry, and that Ives eft Immediately after OBJ
tanning the memorandum is confirmed by the state
ment of q gentleman at whose house Mrs. Hazard
stopped, and who escorted her 10 the boat, and as
be passed her in, obseryed Ives and Hazard toge-
ther, Ives writing. He passed Immediately out
ssaD, and while on bis way home, was soon
Joined by liver, with whom be walked and talked
Ives, however, in his pamphlet insists that BE- slow
ly ard carefully read The memorandum to Hazard
pointing II out, word by word, with his pencil, and
that Hazard signed it deliberately, saying nothing
then or before about the consent of his wife as a
condition of the contract, and that, after the me-
moIandum was thus male, he entered into con-
yersation with Hazard, representing that in con-
sequence of the agreement just signed. be was now
inclined to purchase also the Armstrong LOT OF
eleven acres, originally part of the Peckham
farm and wholly inclosed between it and ives'spro
perty III that, after some conversation as to the
price, be authorized Hazard If it could not be had
for 500 the acre 10 20 as high for ii as $500. If
Iyess memory is TO be trusted as to this matter,
the alleged breach Of trgst in the Peckham pur-
chsse must, we think, be given up. IL Ives
really considered that Hazard, by breach of trust
as bis agent for thst purchase, had just choused
bin cut of $4,000, it is hardly to be supposed that
be would INN ediately have put him into position
to repeat the tsme operation.
According 10 Hazards account, Ives had talked
with him long time previously about the purchase
Of this Armstrong lot, which Immediately sdjo!ned
ISes's land aud lately, also, during his visit to
Newport month before. He had no recollection
of this subject being mentioned at Providence, and
streIuOusly denied that Ives ever authorized him
TO offer 5000 the acre; but that something wa,
laid at Providence about the purchase of this land
is evident from a letter of Hszanl, written TO
Ives few days after Hazards return to Newport,
in which beside notifying Ives that his wife obsc,ed
to the Peckham sale, and would not sign the deed
for the whole farm, he says, according toyOur
',request saw Armstrong the night returned
" from Newport, and finally succeeded in buying
his land at $500 per acre, deed to be given on or
before the lst of September-one-half the pur-
" chsse money to be paid when the deed is