The morning call., 1894-10-12
DEMANDS HIS PAY
McQuesten's Suit Against
Flores, Hale & Co.
How He Went to Magdelena Bay to
Sell Some Property Whose Title
Was Defective.

Judge Sanderson is at present occupied
in trying the suit of Dr.. Charles A Nc
Questen against the Flores Hale Com
pany, in which very large amount Of
money is claimed as commission.
DR.. McQuesten sues TO recover 5000, 00O
his legitimate commission at 20 per cent
upon the projected sale of lands belonging
to the late Joseph p. Hale and the Flores
Hale Company. in Lower California. Dr.
MtQuesten claims that the late Mr.. Hale
gave him an option on certain properties
belonging to the company, situated in
Magdalena Bay, consisting of what is
known as Marguerite Island, with all the
houses, sheds and other structures erected
for the conduct of an orchila business.
Altogether it was represented 10 DR.. Nc
Questen that the property was reasonably
worth S1.00O.000, and he was given the
option IL find purchaser for that amount.
DR.. McQuesteD claims that he undertook
a 'urney down south, visiting Lower
California and Mexico. and that on his ar.
rival at the City OF Mexico lie proceeded
to Investigate the title to this property be-
longing to the Flores-Hale Company.
However, on investigation, DR.. McQuesten
found that the title was defective, and he
claims that the defendants had no right
whatever To represent TO him that they
had any rights over the property. or to
offer TO dispose of it 10 him in any way.
The option in question was given to DR..
McQuesten in June, 1885, but it was not
until six months later that he struck the
City of Mexico. On making his discovery
ne started back to San Francisco. and soon
afterwaTd brought suit to recover the CON-
mission stipulated for, namely. $500, COZ,
being 90 per cent on the agreed purchase
price, and of which he claimed TO have
1nStIV 1afrau1a6 nv falSp
sensations on the part of the defendant
company. He also sued to recover $4,000,
money paid out by him in expenses and
loss of time, etc.
The defendants in their answer claim
that il was agreed between the company
aud DR.. McQuesten that he should per
0nally and at his own expense inspect
the property thus offered to him for sale,
and that ''if he should get a purchaser
for the 1000, 900 asked for then he was
to be allowed 20 per cent commission,
which would indeed entite him to receive
the 100000 sued for.
But, the defendants claim, il was ex-
pressly understood that DIR. McQuesten
shonld receive no compensation whatever
IL for any cause the sale should not &C.
tually be cOnSummated and the purchase
money paid. In support OF their conten-
tion the defendants filed copies of the two
agreements signed between DR.. Nc
Questen and the Flores Hale Company and
marked exhibits in the case.
Dr. McQuesteD himself was the princi-
nal witness during yesterdays proceed
ings. He told the story as related in the
complaint, and, speaking of his adventures
in Mexico. said that he had actually found
purchaser for the property at the sum
required. and that with out any difficulty,
but that as on investigation the title to the
land was found 20 be defective, all nego-
tlations were declared off, and ultimately
the plaintiff found himself considerably
out of pocket. not TO mention the iruitless
journey. loss of time, anxiety, disappoint-
ment, etc.
The case is hard fought and will take
some DAYS to try.