The times. [volume] (Richmond, Va.) 1890-1903, 1892-08-05
TT WASAN UNFAIR DEAL
IN ISrBRBSrING SUIT DECIDED.
Judge uorsioy Delivered the Opinion In
the welI-Known Case OF Meyer Against
Derbyshire. Jones and Brown.

Nlm OF JULIUS meyer a Bon. and the de-
PENDANTS Colonel Henry c. Jones and Major
j. n. Derbyshire, as we'll as Messrs. j.
Thompson Brown and Leroy T.. Brown.
The charge Of the plaintiff. in brief was
that the defendants had taken an unfair
advantage Of him in selling to him certain
West End real estate.
The case was argued in June last before
Judge John ID. Horsley. Of Nelson county,
who held court in the absence Of Judge
Lamb. Tho plaintiff was represented by
Messrs. Mcclure and Elicit. while Messrs.
Meredith and Cooke looked after the inter-
ests Of the defendants. The dispositions were
v0.uminous and costs about $500.
oN A sINGLE POINT.
The court handed down its opinion yes
terday. but did n0t pass upon the question
of conspiracy or of alleged intimacy. nor
did 70 hold that the property had been sold
At % price exceeding the prices then prevail
ing. nor upon the question whether Meyer
came 90 Derbyshirers Office at has request or
voluntarily Judge HOrsley decided the case
upon this single point, that as II was evil
dent that Meyer was buying for speculative
purposes and that Derbysnire was selling
So "a price which would not give an opportu-
nifty for much IL any PROFIT and as he re-
commended tho property % Meyer as a good
purchase. no should have disclosed the fact
that he was a part owner and not having
done so he declared the sale void.
A LENGTHY DECREE.
The decision reads az follows:
Meyer against Derbyshire, etc hemoran-
dunn for Decree.
The evidence in this case has given me
much trouble. The bulk of the record
would render q detailed expression of the
consideration given uninterestiug There
fore, only the result will be briefly stated.
emitting any alluslOn O. much OF the evil
dence properly adduced. but not necessary
% be referred 10 with the view taken. Some
of the evidence of the defendants is adopted
as facts
j.. II. Derbyshire and II. G. Jones. on the
18TH of March 1889, bought for speculation
of j. Thompson Brown d Co, agents for j.
G.. Blauton. trustee, certain property IN the
' vi St Ind. at over Sl6,ODO, sale 20 De
complied with IN twenty days. Derbyshire
and Jones Immediately placed the property
in the hands of Brown a. Co. for sale again,
declining 20 give any extra commission as
has been allowed ia other speculative pur-
chases when a resale was made before they
had TO comply with their terms of purchase.
They bought privately, while an adyer-
tisement for sale at public auction was run
ming. which advertisement was continued
with the intention of Offering II on their ac-
count. but the day being bad it was not Of
fered.
30 OFFER RECEIVED.
No absolute offer was received by them.
except for "a small piece by an adjacent
owner. whose offer was more per foot than
they afterwards sold for
On the first day of April. thinking that
Brown a. Co had not shown sufficient in
f.racf IL, frvfnfr 20 sail fhaU ohnrad an extra
commission of one-third OF the profits. The
Browns say they were very dilgent. fearing
a misrepresentation on account OF the com
missions.
Jones and Derbyshire were under no ne
cessitY 20 sell, having ample means.
The real estate market IN the West End
was the most active ever known. In fact,
there was a speculative fever. property sell
ling in q few days al an enormous advance,
sometimes On tho same day. This state eX-
listed from about the first of March until the
latter part of april.
SOUGHT INFORMATION.
A. II. Meyer. a young merchant about
TWENTY-FIVE years of age. an old acquaintance
OF DCrbyshlre and Jones. having caught
this fever. sought information, and knowing
that Jones aud Derbyshlre were specializing
extensively in the West End, and had made
profits he asked Jones advice on several
occasions While Jones discussed the mat
ter with him, he says be declined 20 advise
him. telling him he must set on his own
judgment.
Derbyshire also. it is said, avoided a con-
versation with him on one occasion. stating
In answer TO Meyers inquiry that the way
in which he made money was by getting III
on the ground floor
Meyer went out on two occasions with
real estate agents TO look at some West-tnd
property. He seems to have been cautious
iu acting on the views OF sellers and TO be
without the information 10 act on his own
Judgment: at least 20 have no decided 0pin-
ion.
on the morning Of April I'd he went to the
office of Derbyshire, seeking bis advice.
We need not consider whether he went at
the instance Of Derbyshlre.
HIs ATTENTION CALLED.
Ii appears from the evidence that in this
interview Meyer for the first time had his
attention called so the Blanton property,
b0ught by Jones and Derbyshlre on March
18TH. except that CrenshaW may have point
OF 10 out 10 him. amongst other properties,
81 some distance of, with an oosuucted
view and spoke of II untayorabiy. Nn!e
the area of land. OF which this is a part, IS
laid out on the map with well dehhed
streets they but partially exist. and not
sufficiently 10 identity lots at distance,
would seem.
Derbvshire was informed that Meyer
wanted 10 buy. 10 sell at proht ana not
for use or a permanent investment. lie
knew that Meyer relied upon his Judgment
and did not rely upon his own or any lnIoT-
nation he had.
He did not inform Meyer that nc was IN
terosted in this property. nor what II cost
nor that il had been on the market since
March the 18th and that not heylng oeeh
sid. he had agreed TO give one-third Oh me
profits as extra commissions, on the day pc
fore. 10 make j. Thompson Brown a 20.
more active.
pUnCHAsED THE PROPERTY.
He accompanied Meyer 10 see j. Thomp-
son Brown he saws. because Meyer INSISTED.
Daring tie negotiations there no iDtma-
fiou of ownership was dropped. The prop
ertv was sold 10 Meyer at nearly eZz.VOj
without examination or inquiry ny hn.
Ho had never been on u. The terms oil saio
were Immediately complied with, he paying
lu cash. or It's equivalent, about S3'4V0
cannot resist the conclusion that meyer
acted on the judgment OF DerDyshlfe ana
not on his own. lie was very cautious De-
fore iu not acting on his own Judgment
nor would he act on the view OF an agent 70
sell. When Derbyshire commences tnIs
property. ne acts a. once, wlthO4t otuo5 III
formation or advice. He asked DerDyshfe
the distinct question IN brown oinc Gu, a.
cordinp 10 Derbvshire's account OF d., NhaI
do you think Of it," Answer. IAlnA ~ -
good thing ,uu.o
This was in effect saying under oil tne
knowing that you ask my
judgment a. a disinterested person ana
large specuatOr ia West End real estate l
al Wac Won that this GOOD opportunity 10