The Republican. [volume] (Oakland, Md.) 1877-current, 1880-07-10

In the Circuit Court for Garrett county. NO
$780, Equity.
The object of this suit is to restrain the sale
of certain property mentioned IN q uSeu OF
trust from Theodore Bush and John IL Heck-
ert to John FitZ, and Thomas j. Peddlcord,
trustee.
The bill shows that the said Theodore Bush
and John H. Heckert were engaged In the
shook and stave business, as Bush q Geck t,,,
and that sometime in the month OF Septem-
her 1879 they contracted with a certain Jonn
Fitz. of Martinsburg, w. Va, to bulld ana
furnish them steam engine OF Uhirty noIse
newer one saw mill and fl ytnreS. for which
they were to pay the sum of $780, as follows:
one steam engine and boiler complete, then
owned and used by the complainants, 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 81 500, the com
plainants were to give to the said Fitz their
three promiSSory notes for 5000 each, paya-
BILE in six, twelve and eighteen months res
pectively, and to secure the payment of said
notes they agreed to give the said Fltz lien
upon said steam engine and mill.
The bill charges that the said FitZ intend.
ing to cheat and defraud the compliments,
conspired with certain persons unkAWn 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 thirty horse
power engine manufactured by the SAID F1tz.
That the complainants, believing the repre-
steam engine and saw mill, and fully compll-
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 SUI,
and executed and delivered to him the three
notes agreed upon and executed to certain
Thomas j. Peddicord. attorney, of Garrett
county, as trustee, deed of trust upon the
said steam engine, saw mill ana othef artlcles
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 1t
at a great disadvantage for several months
that the complanants discovered certainly
that the said engine was and is only twen-
ty-five horse power engine and built and
manufactured by certain Frick Il Company.
That the compliments, 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 taxi the same back but the
saiu Fitz, still intending to cheat and defraud
the compliments, refused so to do.
That the complainants contracted for a
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 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 FitZ they refused to pay the same unless
he would consent to reduction of the sum
claimed to the fair and just amount for which
a horse
could have been purchased.
That upon the compliments 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 pl operty for sale on the 18th Of
June, 1880.
That the complainants are and have ever
been, willing to do everything that's fair and
equitable in the premises, but they have
been cheated defrauded and overreached 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 fol
the grievances aforesaid, save through the
interposition of the restraining power of this
court 10y 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 sale
property and from taking any other Oh
further step or steps to sell the same, ana thai
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 until the further order of this cour
in the premises. And that the said claim o
the said John FitZ may be reduced to a fail
and just price for the engine, mill and othel
articles. so as aforesaid delivered by the said
Fitz to the complainants.
The bill prays the Court to grant unto thu
complainants the writ of enjunctlon enjoin
ing and prohibiting the said John FitZ an6
Thomas j. Peddicord trustee from selling anC
offering for sale, the said property or any par
thereof under the said deed of trust, and en-
joining and prohibiting the said FitZ, from
assigning or transferring the said notes Of
either of them until the further order of this
court and also the writ of subpoena againS
the said Thomas j. Peddicord, trustee a,
aforesaid, and an Order of Publication giving
notice to the saidlJ Ohm FitZ, ofthe objects ant
purposes of this bill.
tits therefore ordered by the court this Oath
day of June $780, that the compliments cause
q copy of this order together with the objec
and substance of the bill, to be inserted il
some newspaper published in Garrett county
once a week for four successive weeks before
the Both day of July, 1880. giving notice to the
said John Fitz, and warning him to appear il
the court in person or by solicitor, on or be
cause, any he has, why an injunction
should not be granted as prayed.
w. II. TOWER,
Clerk Circuit Court for Garrett county.
Try1p cony-TeSt-