, 1875-03-24
SOUTH LYNNE,


by .Tuseph ". Dre1ol against ASH Vail, Ellen
L. Vail. hio wlfo, Robccca 4. Vail, widow
Of n. J. Iail, Margaret 4. Vail, Mary Z.
Vail, nnd Charles L. Chorry, which will ca1,sc
aomo apprehension among those Who have beon
investing thclr spare earnings In lots In South
Lynne. Drc4o1 says that III December, 1860,
being tho owner Of tho north 4 OF Sec 49, a9 II,
containing $50 acres, he tnado contract with
Asa Vail mud Nicholas J.. Vail, his son. since
deceased. by which he agreed to sell them tho
aforementioned land for $1Gs,d 400, will, intcreat
at PER cont per annum. Tho interest, however,
for tho first year was fixed nt si,S25. They
agreed to Eubdivido lilo land and sell 1t at not
less tlian 5000 M ncrc. and to take ut loaat 20
per cent OF tic purchase prlco in cash. Tho
Walls woro also to pay all cxpcnaos and special
assessments. to pay over ali Buns received by
them on sales, except 10 per cont, which was to
bo expended in improving tho property, aud to
deliver to Droxol tho contracts for deeds ma,!o
with purchasers. In case tho contract should
bo forfeited Tic 10 per cent waa to DO considered
NJ the percentage or commission for sales.
It was also agreed that, II the Walls should not,
within tho yoar 1870. mako GALES amounting to
el0, 900, or should not pay oycr 10000 on cash
payments, exclusive Of tho S1,825, tho contruct
should bo void, md Drcxcl should keep and own
tho mcnoy aud contracts of Hafo. Moreover it
thcv wcro not nbIe to sell so, 000 moro Of land
In 1871, or pa7 over eel 900, inclusive Of intcr-
evcn though they kept their promises for l57U
and 1871 il they failed to make tho remaining
pAymonts go 10 to fully pay. for tho land
and tt1s ent.ts thom to A.. d'oa: they would
tic 'ut Contrast. limo ''''A VAS s made N"usa an
element Of tho ngrecnlent, but It waa agreed
that tue said agreement should not bo put OIL
record un!esH by consent of tho parties, Dor
should 1t be assigned except with Drcxei'a con-
scnt.
Under this contract. A. Vail Il Son n1ado n
subdivision Of tho property, culling it South
Lynne. mud effected a largo number Of sacs.
cl,asers. 10 1870, howover, they found them
selves unable to make the payments al they
agreed, md applied TO Drexol for modl-
tlcation Of tho CONTRACT. agreeing to pay
consented to tho, proposed change, and
Il was thon nEroed that II tic Gales for 1870 did
not reacL $4,000 tho contract should not bo
forfeited, hut tic Vails allould bo allowed to
make up tho deficiency In 1871 in addition to the
mctltA Hhoutd not equal e11,825 for 1870 tho
difference botucen TINT nnount and the az
grcga.e cash payments should be paid in 1871,
with per cent interest.
In 1871 Droxol chasgcs that ASS Vail con.
Keyed lis interest in tho contract to his son, but
las ssnco takou part III n.sking ea!cs
and managing tho property up to tho
present pV9, time @ II October, 1872, tho
charges. unable to mako thelr payments duo
jan. t. 1870 and asked for au extension to Jan.
!. 1874, offering to pay per cent on all amounts
then nnpad. prexel aeeedod to this request.
when tle5 asked him to "aad anot!,er kinduesa
10 tue tnany favors already bestowed" aud give
them yet another year. This 10 also gave.
Complainant nov alleges thas ho has not re-
cesvcd in all one-llal! Of thu purchaBo- money;
all hA9 rerNipnH ttnN hnAn nhf 6iraI
Haos OF lots, and that Vail l. hon haro not
paid anything out Of their own funds, md
that they hnvo failed to use tho 10 por cent OF
1os The sasH rec resoTsd by them D mfoys The
beneft. DFe1el alao chnsges TINT Vail l. Bon
have neglected to pay tho ta1ch aud assessments.
90 that largo part Of tho property Inns bcon sold
for taxes. thra subjectfng him to an cxpense Of
N. ]. Vail died In May 1874, hopolets'y ia.
solvent 'oayinE nH his heirs hts father,
mosi,or, and two aiaters. Complainant also
charges that the time for the performance
that como OF tho defendants It'll claim aouo i'll
tcrcat In tho land mud arc from tsmo to time
mating sulea; that the duplicate contracts made
with tho purchasers have been left in tho oIlco
busineaa under that n.tno have received tarEo
snn1s OF money on these contracts. Cthslcs l..
Cheney has charge OF the Office. mud both l,e aud
Asa Vail rcfuso to Eivo up these duplfceso con-
ITaCtss luG lAtIDEt " ii c!4llcu+ eltQcf III per-
aou or by Ills clcrk or agcut. has received large
amount Of money. aud appropriated 1t to hia own
use, although he is totally insolvons.
Complainant therefore aaks TINT tho contrac.
may b6 cancelled; that tho defendants may 10
enjoined ffom making any moro sales or collect
Ing any sumB Oh saieH altcady made, or from
transferring tho contracts, and tlat they may bo
compelled 10 account TcykinH d. Truman ~.
pear for Mr.. Draxei.
Tho defendant don!os thcso allegations, and
thinks lo has good defense, and anks to havo
judgment suspended until his side OF tho casa
can be heard.