The Republican. [volume] (Oakland, Md.) 1877-current, 1880-07-24
Order of Publication
Theodore Bush and John II. Heckert vs.
John FitZ and Thomas ]. Peddicord.

In the Circuit Court for Garrett county. No.
lS9. Equity.
The object of this suit is to restrain the sale
of certain property mentioned in deed of
trust from Theodore Bush and John II Heck
ert to John Fitz, ana Thomas j. Peddicord,
trustee.
The bill shows that the said Theodore Rush
and John IL. Heckert were engaged in the
shook and stave business, as Bush 4 Heckert,
and that sometime in the month of Septem-
Der, 1879, they contracted with certain John
Fitz, of Martinsburg, w. Va, to build and
furnish them steam engine of thirty horse
power, one saw mill and fixtures, for which
they wereto pay the sum of $500, as follows:
one steam engine and boiler complete, then
owned and used by the compliments. which
was agreed to be taken by the said Fitz, at
and for the sum of $500 $500 cash on delivery
OF SAID steam engine, saw mill and other ar
ticles, and for the balance, $3.50, the COM
plainants were to give to the said F'itZ their
three promissory notes for $500 each, paya-
bic in SIX, twelve and eighteen months res
pect1vely. and to secure the payment of said
notes they agreed to give the said Fitz lien
upon said steam engine and mill.
The bill charges that the said FitZ, intend,
ing to cheat and defraud the complainants
conspired with certain persons unknwn to
the complainants and procured steam en-
CINE OF twenty five horse power and deliver
ed it to the complainants, stating and de-
claring to them that it was a thirty horse
power engine manufactured by the said Fitz.
That the complainants, believing the repre-
SenLdtlOuS OF L1e SAID f1IZ received the said
steam engine and saw mill and fully compli-
ed with the terms of the contract by deliver
ing TO the said Fitz the steam engine as
agreed upon and paying him the sum of 5000,
and executed and delivered to him the three
notes agreed upon and executed to a certain
Thomas ]. Peddicord. attorney, of Garrett
county, as trustee, deed of trust upon the
said steam engine saw mill and other articles
to secure the payment of said notes.
That the complainants took the said steam
engine and saw, mill and endeavored to do
the work with IL which they had purchased
it to do and which they were assured by said
FItz it would do and which an engine of 30
horse power ought to and will do, but failed
to accomplish it.
That it was not until after working with it
at great disadvantage for several months
that the complainants discovered certainly
that the said engine was and is only a twen-
ty-f1ve horse power engine and built and
manufactured by certain Prick & Company.
That thecompainants, after becoming con-
WINGED of this, informed the said Fitz thereof
and requested him to pay back to them the
amount paid on said engine, mill and other
articles, and to tax, the same back but the
saiu Fitz, still intending to cheat and defraud
the complainants, refused so to do.
That the complainants contracted for
thirty horse power engine, because less
power would not do their work. That they
have been subjected to heavy losses in con-
sequence of the failure of said Fitz to comply
with the terms of his agreement. That the
price agreed to be paid by the compliments
is the full price of a thirty horse power en-
CINE, and that an engine of twenty-five horse
power in all respects as good and valuable as
the one furnished could have been procured
for much less money.
That one of the notes given by the COM
plainants to FitZ fell due ON May 18th, 1880,
but having been cheated, deceived and de-
frauded and grossly damaged and injured by
said F'itz, they refused to pay the same unless
he would consent to n reduction of the sum
claimed to the fail andjust amount for which
a steam engine of twenty-five horse power
could have been purchased.
That upon the complainants' said refusal
the said Fitz instructed the said Trustee to
proceed to advertise and sell the said engine,
saw mill and other articles under said deed
of trust and that the said trustee has adver-
tised the said pr operty for sale on the 18th OF
June, 1880.
That the compliments are and have ever
been, willing to do everything that is fair and
equitable in the premises, but they have
been cheated, defLauded and Ov erreached by
the said John Fitz in this whole matter.
That the said Fitz and the said Prick & Co.
are non residents of this State, and that the
compliments have no adequate remedy for
the grievances aforesaid save through the
interposition of the restraining power of this
court ny an injunction.
To the end that the said Thomas ]. Peddi-
cord, trustee as aforesaid, and the said John
FitZ, may be restrained and prohibited by the
injunction of this court from selling the said
property and from taking any other or
further step or steps to sell the same, and that
the said John Fitz, may be restrained from
assigning transferring or in any manner dis
posing of the said promissory notes or either
OF them untisthe further order of this court
in the premises. And that the said claim of
the said John Fitz may be reduced to a fair
and just price for the engine, mill and other
articles, so as aforesaid delivered by the said
Fitz to the complainants.
The bill prays the Court to grant unto the
complainants the writ Of enjunctlon enjoin-
ing and prohibiting the said John Eitz and
Thomas J. Peddicord trustee from sellingand
offering for sale, the said property or any part
thereof under the said deed of trust, and en-
joining and prohibiting the said Fitz, from
assigning or transferring the said notes or
either of them until the further order of this
court and also the writ OF Subpoena against
the said Thomas j. Peddicord, trustee as
aforesaid. and an order of Publication giving
notice TO the saidlJohn Fitz, ofthe objects and
purposes of this bill.
tits therefore ordered by the court this oath
day Of June, 1850. that the complainants cause
copy OF this order, together with the object
and substance of the BILL to be inserted in
some newspaper published In Garrett county,
once a week for four successive weeks before
the 30th day Of July, 1850, giving notice TO the
said John Fitz and warning him to appear in
the court in person or by solicitor, on or be-
fore the Sth day Of November, 1880. to show
cause, any he has, why an injunction
should not be granted as prayed.
w. III. TOWER,
Clerk Circuit Court for Garrett county.