The record-union., 1893-02-10
MARKS DISCLAIMER.
The Mechanical Store Man Now Takes
His Inning.
He Enters a General and Specific De-
NAL to the Allegations of Vein
stock, Lubin e Co.

II. Marks has filed in the Superior
Court an answer to the complaint of
Weinstock, Lubin & Co. in their suit to
restrain him from using theiname of Me-
chanical Store, and for damages sustained
by reason of his use of that name and his
imitation of the front of their new store,
on the allegation that he had deceived
their customers and diverted their trade
to himself
On the ground that he has no informa-
ton sufficient to enable him to answer
any or all the averments contained in the
plaintiffs complaint, he denies that they
fixed price upon each article they sold
and marked the figures thereon. or that
they advertised that or any other method
of doing business extensively, or at all, on
the Pacific Coast or in any way, or that
on account of their method of doing bust
ness their business had become widely
known, or that on account of fixed prices
or advertising they had inhanced the
value of their business.
he also denies on the same ground that
they received and filled orders through
the mail, express or other means, at the
prices indicated in their catalogues and
circulars, or that they never deviated
IL Olll SuCA pIlC0S, dLu ludl Uy IudI OF an y
other method they became widely
known.
he further denies, on the grounds
stated, that the plaintiffs, by strict OBJ
servance of said rules and skill and at
tention to business, have established
throughout the coast wide and honora-
bic reputation, or that customers have
been induced on this account to rely upon
the good faith of plaintiffs. He denies
| that their husl has increased anOu-
ally, or that their customers identified
| the name of Mechanics One Price Store
with the business of plaintiffs.
He denies that his business was without
an established reputation and unknown;
admits that he was formerly merchant
tailor at the northwest corner oftitth and
X streets, and that in 1888 he established
his present business and adopted the
name of Mechanical Store at Ala X street,
now adjoining the plaintiffs place of
business, but claims that at that time a
saloon and butchers shop was between
his and plaintiffs place of business, and
that the plaintiff extended his building
until it now adjoins that of the defendant.
He denies that he is in the same bust
ness as plaintiffs, as he only keeps cloth
ing, while they keep all kinds of mer-
chandise.
He further denies that he has at any
time carried out any system of deceit or
misrepresentation for the purpose of di-
verting business from the plaintiffs, or
that his agents or employees did so, or by
fraud or deceit induced persons to buy
from him who wished to buy from. the
plaintiffs, or that they were deceived by
the outward appearance of his store, or
by the name of Mechanical Store" into
purchasing of him.
Furthermore, he denies that by any
acts of his plaintiffs customers have lost
confidence in their honesty of purpose, or
that by taking the name of Mechanical
Store he intended to deceive people into
the idea that his store was the store OF
plaintiffs, or that by any means, except
by proper business methods, he has di-
verted the custom OF plaintiffs to himself,
and that any person could be deceived
into mistaking the interior of his modest
and unpretentious store for the spacious
store OF the plaintiffs.
He therefore denies that through him
the plaintiffs have been damaged in the
sum of $4,000, or any other sum, by his
acts,