The Republican. [volume] (Oakland, Md.) 1877-current, 1880-07-17

60, ItaN No
III Vne Oircui' Co'i $50 ioI EnnitV w.
100 H4"'s'
Tho o1,ioc+ of this snit is To restrain tbe sale
dnr,j ,Snnarty ,nenfioned in a deed Of
49, So, II epdoye Bneh and Tohn TT Hook
.art IN Iohn xiii ana Thomas / peddicord
trHs ~ oi'ii i'N' 'No'
- ~, a., IT,. a., a., r,,,o,,,,uo p,,s,,
me oiiI siIp"S .ilito nc sun 't tI
anu JONI n. hecheIo WelT n -, oiae
sud tha t's sometime in the month of Sentem
%nr iS7o thav contracted vita a certain John
Eitz of Martinsburg. W. Va. TO build and
fnrn;Sh them n steam nome Of thirty horse
nower one saw mill and fixt1res for which
fhev were to nav the snm of 50 800 as follows:
ono Sten m ENGINE and boiler couplete then
owned and used by the cOmplainants. which
was agreed to be taken by the said Fit2 at
and for the sum of $500 500 cash on delivery
Nof said steam engine saw mill and other ar
tces, and for the balance, 81 500, the COM
plainants were to give to the said FitZ their
tnree promissofy noies ior soVo each, paya-
PIE IN SIN, twelVe anu eignteen lilontls res,
PeetVeiy, tnn 70 secure w ply ~ 1'lu
notes tIty .gIeeu ~ sine Iie s;iiu II" iieii
upon saiu steam enslne ,'nu mn,
The Dill charges that the sald t1tZ, lntenu'
lng 10 cneat ana deIiaud the complalnlnis,
cIoIispireoi, WIN eeitt.in P ersols uuknWh "
~ 81 ti,o,,t, Il 70 hrsPp rC,t,or "a deIi,,a
81 IL 70 =" tbn comnlafnantS "toti i md do
GU ~ W my coli PLal 1 q. stt'iLS any ue
SlsIlns W cnelI .nsaI ~ was tnltS y, I H9.
PoMei ensine iiiaii''i''0luieu " .ile eai" rl'N'
Ihat the complalnants, belleVlng the repre-
vi Tile sftiu rllh, ICCCINci tiS sulu
steam engine ana saw mill, ana 1ully compll-
ed with the terms OF the contract by deliver
ing TO the said FltZ the steam engine as
agreed upon and paying him the sum OF 500,
anu e&ecooGo anu ueIlHerea 10 MN IN tie tpee
irb pI1i ap tt " " S,t
a9 D. 1 % VI pt., tI'o
i as u q "a u ~ upOti
80 $500 IL - o'" ~ id t al
~ o0'"i VIC p''' iii0ii' Va s''iu iio''''
That the complalnants took the said steam
engine and saw miii and endeaVored to DO
the WORK with IL Wn1ch tney mad purchased
II 10 40 ana whIcn they were assured py sai 10
+ w IL "ouIu W. aIu WHICH ,,H eng no " oV
morse power ought 10 anu VIII do' ouI lalieu
10 accomplish II.
That it was not until after working with it
at a great disadvantage for several months
that the complainants discovered certainly
that the SAID engine was ana is oniy TWEEN,
V-nVe morse power engine ana punt ana
manufactured ny acertalh FLICK " Company.
That the complainants. after becoming con-
WINGED of this Informed the said FitZ thereof
and requested him to pay back to them the
amount paiu on Saiu ehslhe' mn any ulii ny
artlcIes, anu 70 tak Hne stllie oack 3l,I Iiie
sslu llZ, sun INTENDING 10 cneai ana deirauu
the compartments, reluseu 50 10 no.
That the compliments contracted for a
thlrty morse power engine, because less
power would not 40 their work. mat they
nave oeeh SupJecteu 10 nettSy losses III COLI
sequence oI tne laIiure Oh sdlu L " " comply
WIN the terms OF MS agreement. Ihat the
price agreed 10 De pillu Dy tne coInDlalhahts
is the luli price OF Il thlrty morse power en-
glne, ana tnaC an engine OF twenty-five morse
power IN all respects as GOOD ana valuable as
the one iurnlshed, could nave peen procured
1or much less money.
That one of the notes given by the COM
painants 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 uni eSs
he would consent to a reduction of the sum
claimed to the fair and lust amount for which
II steam engine of twenty-five horse power
could have been purchased.
That unop the COMMITMENTS, sold ref,sol
the said ESitz instructed the said Trustee Ia
nroceed to advertise and sell the said engine
saw mill ond other articles under said deed
Of trust and that the said trustee has adver
tised the said M onertv for sale on the 9Sth ot
T1ne 1854 r - ava va ~ ''''
~ - ~ ,o..,o 49,, ,,..,o o.-.,
lnat tne eoInpiaihalts are anu nave ever
oeen, Wllhng 10 40 every tnlhg tiat IS lt.ir anu
Squltaple IN tle premises, puI tleS ma c
Deen cheated Gelrituueo anu oN erreacneu oy
lhe sald Johh flu III thls Whole Ihalter'
That the said FitZ and the said Prick & Co.
are non residents of this state, and that the
complainants have no adequate remedy for
the grievances aforesaid, save through the
interposition of the restraining power of this
court by an injunction.
To The end that fine said Thomas T Peddi-
cord trustee as aforesaid and the said Iohn
Fitz, may be restrained and prohibited by the
injunction of this court, from selling the said
IiCPSipS anu iiOiii any ",