The Republican. [volume] (Oakland, Md.) 1877-current, 1880-06-26

John Eltz and InOIllaS j. H9ddlcOrd.t
In the Circuit Court for Garrett county. M
lo9. 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, and Thomas j. Peddieord
trustee.
The bill shows that the said Theodore Bush
and John H. Heckert were engaged in the
shook and stave business, as Bush Il 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 a steam ngine of thirty horse
power, one saw mill and fixtures, for which
they were TO pay the sum OF 81 800, 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 5000; 500 cash on delivery
of said steam engine, saw mill and other ar
ticles, and for the balance $780, the com
painants were to give to the said titz 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 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 uuknwn to
the complainants and procured steam en-
CINE of twenty five horse power and deliver.
ed it to the compliments, stating and de-
claring to them that 1T was a thirty horse
power engine.manufactured by the said Fitz.
That the compartments, believing the repre-
Sentatious of the said titz, received the said
steam engine and saw mill, and fully compli-
ed with the terms of the contract by deliver.
ing TO the said iFitz the steam engine as
agreed upon and paying him the sum of 500
and executed and delivered to him the three
notes agreed upon and executed to a certain
Thomas j. Peddicord. attorney, or GarreIt
county, as trustee, a 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 80
horse power ought to and Will do, but failed
to accomplish it.
That it was not until after working with if
at q great disadvantage for several months
that the complainants 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. in formed 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 titz, still intending to cheat and delraud
the compliments, refused so to do.
That the complainants contracted for IL
thirty horse power engine, because a less
power would not do their work That they
have been subjected to heavy losses in con-
sequence of the failure of said itz to comply
WITH the Terms OF ms agreement. Ihat the
price agreed to be paid by the complainants
is the full price of IL thirty horse power en-
CINE, and that an engineof 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
painants to Fitz fell due on May l3th 1880,
but having been cheated, deceived and DC
frauded and grossly damaged and injured by
said Fitz, they refused To pay the same unless
he would consent to Il reduction of the sum
claimed TO the fair and just amount for which
Il steam engine OF twenty-five horse power
could have been purchased.
That upon the ccmplainants' 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 2oih OF
June, 1880.
That the complainants are and have ever
been, willing to do everything that is fair and
equitable in the premises, but they have
been cheated, defrausled and ON erreached by
the said John titz in this whole matter.
That the said Fitz and the said Prick Il Co.
are non residents OF this state, and that the
complaindnts 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 Thosyvs J.ecaa,-
cord, trustee as aforesaid, and the said John
FltH, may be retained 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 titz, may be restrained from
assigning transferring or in any manner dis
posing OF the said promissory notes OF either
oi them until the further order of this court
in the premises. And that the said claim Of
the said John Fitz may be redeemed 10 Il 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 enloln-
ing and prohibiting the said John Fitz and
Thomas j. Peddicord trustee from selling and
Offering for SALE the said property orany part
thereof under the said deed of trust, and en-
joining and prohibiting the said tltz from
assigning or transferring the said notes or
either of them until the further order of this
the said Thomas j. Peddicord, trustee as
aforesaid, and an Order of Publication giving
notice to the said John titz ofthe objects and
purposes of this bill.
tits therefore ordered by the court this 9th
day ofJune, 1880. 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 Both day of July. 1880, 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, 1850. to show
cause, any they have, why an injunction
should not be granted as prayed.
w. FL. TOWER,
Clerk Circuit Court for Garrett county.
True copy-Test-s