Telegram-herald., 1891-11-26
WON A GREAT VICTORY
Property Valued at 100000 Re-
covered by Frank B. Chase
JUDGE JUDKIyS' OPINION RENDERED
yrssk r. Bsughto. aud oshsrs Ordered
- sarfsndsr 500 Acre. of Land
and Ten Mtiiisa of stasdtng
Ptns TO the complainant


An important suit in chancery in
volyinx . contract for the purchase OF
pine land in Lake county valued at
32O0, 600 has Just been decided by Judge
Judklns Of the Lake county circuit.
Frank y. Chase of Iona Was COM
plsinant and Frank 2. Boughton ct al.
were defendants. The suit WAS begun
in January, 1921. by NcGsrry 4 Nc
Knight OF tins city as attorneys Tor the
complainant. an the defendants were
represented by Norris & Norris The
defendants sold the land IN question TO
Wilson, Luther & Wilson OF Luther Tor
x2Oo, 900 but owing TO nnincial difncul-
ties the firm was compelled 10 surren-
der the contract tier having paid the
srru of sos, ,524.56. The contract was
then assigned TO the complainant Tor
the sum OF 800 ana he made payments
from tine TO TIM amounting to s1o,-
O50.OO. On November 0, 1890, the de-
PENDANTS notified the complainant that
contract was yo d and a,ked HIM TO
surrender IL.
aiaina FrAud aud Misreprsssnsstion.
The complainant claimed that he
was influenced IN buying the contract
upon the representation made oy
Wilson. Luther & Wilson that there
was profit of 200 In the contract.
and that there were 3o,Ou0,oOO feet OF
pine timber on the land. The trm testi-
he'd that they 10 represented 10 the COM
plasnant and that II was done through
the information gwen by Boughtou
wnen they became the purchasers. II
Was claimed tina. Boughton made the
same statement to Chase when they
had an interview cor 'rning the pur-
chase OF the contract. Chase Is
farmer in Ionia county, and has had
no experience in handling pins TIM e.,
while the defendants were experienced
operators IN pine and shrewd business
men. The suit wss brought to recover
damages on the ground that there wa
. serious shortage IN tue quantity oil
standing timber, and that the quality
fell far below the standard represe nted
The defendants bad received more on
the contract than the land cost them
originally.
The Fist sf the Court
The Judge held that for Chase to pay
any more on the oatrsct would be to
pay for more timber than
stood on the land. The de-
cree of the court 10 as follows
:'After careful invests CATION the decree
of this court 10 that defendsnfs Bougn-
ton & Lee, within thirty DAYS aftel
notice Of the fling OF final decree. here
after to be made and filed, convey by
such deed as the contract n suit calls
for all of the lands embraced IN eald
contract. together with all night OF &C
tion for trespsss If any since the Tor
feiturs of said contract was declared
and surrender sll notes and other ro'i
cations pertaining TO the transactiot
for cancellation, and IN default, there
of, that the final decree stand
for the purpose and in lieu thereof
That the other defendants pay to said
complainant, within said time, the $iOt
received hy them for said contract
with use thereon At 8 per cent from. tn'
date Of its payment until now; com
plGnant To recover his costs to be taxed
against all Of the defendants. Com
plsinanrs solicitors may prepare de
cree IN accordance with this oosnion fol
settlement. J. b. JUDKrss,
Circuit Judge"
There are several tre pass cases pond
Ing among them is one against Tucker
a HooLs and another against Daais
Mccoy.