The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-01
OVER A LITTLE LAND DEAL.
How His Confidence Was Be-
trayed by a Lifelong Friend.
DICKENS EDEN STORY REToLD
Bought Shares i'm a Tract of Swamp,
but His Plea of ignorant limo.
cence Wouldn't Work.

a verdict yesterday in a case where two
land spectators came to loggerheads over
decidedly queer deal. However, the
deal was upheld. and Philip Rohrbacher
RECEIVERS judgment for $500 and costs
from Frederick S. Kleebauer.
The whole story was one of chiIdlke
confidence basely betrayed, with the frus-
tration Of wild scheme for getting even
on the part of the betrayed. In fact, IL
was Greek meeting Greek all the way
through. 1t appears that Phillip Rohr-
bacher, who is wealthy German resident
of this city, sold TO Kleebausr 1000 shares
in the Dumbarton Land and Improvement
Company. kleeDauer says he was in-
duced TO buy the stock by the false repre-
sensations OF the plaintiff ROhrbscher,
but however the truth may be it is certain
that Kleebauer bought the stock and gave
Rohrbacher his note for $500 in exchange.
When Keel bauer got mis- stock he set to
work TO find out in what he had sunk his
money. He found that the land owned by
the Dumbarton Land and Improvement
Company was strip of marsh land stu
ated down the coast about twenty-five
miles from Oakland at DumDarton Point.
just about opposite to Red wood CITY. On
WAC oo'ihhoOiC pAOpCltJ tbO Wo'Ol 1880 ahN
falls with the rise and fail of the tide, and
yet. strange 20 relate. as soon as KIeebauer
began TO investigate he discovered that his
stock was worthless.
Never was such shameful deal ever
heard of, said Kleebauer. No one wanted
TO buy shares in this great properly,
and science had not yet discovered
means of building houses in the
sea. So in his dire dilemma, with
a praisewor:hy desire to do as he had
been done by, Frederick c. KleeDauer set
to work to find some sucker" on whom TO
foist his worthless stock. He used his at
torney, John Stevens. for his purpose, and
Stevens went all over the country trying
to find the purchasers that came not
Nothing could be done, so Mr.. Keebauer
very promptly refused to take up his note.
Disliking such foolishness Rohrbacher
brought suit against his old friend to re-
cover the money.
The case was tried about year ago and
the jury disagreed. The second trial came
up this week before Judge Slack and a
jury and the whole mass of testimony was
put forward. 1t was plain that Rohrbacber
had sold eebauer some worthless stock
at high price. w. j. Dingee. the Oakland
real-estate man, testified that he knew the
property well. and that it was actually
worthless. The shares of the Dunn barton
| Land and Improvement Company were
not worth 10 cents. Very nice, this, and
matters began to look we'll for kleebauer,
the injured.
Bat alas. there was other evidence. II
came out that Kleebauer, who is not re-
rlyoh lt hfoh ad, tod n a.
had been duped by his old friend owing tn
his ignorance Of commerce a1d land deals.
But it also came out that Kleebauer was
worth some $3.50. 600. all made out OF build
ing and selling houses on the installment
principle. Evidence showed that the So
called injured innocent was known as
one of the smartest men in his line OF
business.
He was asked to explain how it came
that. in spite of the W worthless nature of his
property, ne did his level best to get some
unfortunate to buy it. Kleebauer's answer
was that, placing the fullest reliance upon
the statement of a life-long friend, be
thought his shares must be of considera BILE
value, and so thought there was no harm
in attempting to dispose of them. But il
was also shown that Kleebauer once
| bought some land IN New Chicago on the
very same principle as that adopted by
R0hrbacber in Dumbarton. and portion ed
| il off 20 persons on the installment plan.
! So Kleebauer's plea Of innocence failed.
| Attorney j. G. Campbell, who repre-.
sentsd Kleebauer, said that the bona fides
of his client was shown by his payment OF
| an assessment on his shares of $3.50. But
| the history of the case IA shown by the
| other side proved that Klee bauer had been
willing enough to stand the assessments
at first, but that when these assessments
came thick and fast he began to
| open his eyes and consulted his az
torney. The result of the consultation
was that Attorney Stevens went to San
! Jose and called upon man there who was
large share holder in the Dumbarto
Land and Improvement Company. Ste.
veDs suggested to this man that a few
blocks more of this land would DO him nc
harm, but the mans answer was chillinl
in the extreme. He said be had enough ol
the land already. ard as it wasn't worth Il
cents an acre he didn't see why he should
add to the stock already in his possession
| So Stevens mission failed.
The end of the whole business was thai
Judge Slack instructed the jury to bring il
verdict for the plaintiff for the full
amount claimed. His Honor held tha
Kleebauer received consideration for hi,
note, and further, that he did not repudi
ate his contract with R0hrbacker, but, OF
the contrary, he sent his agent, Stevens.
about in an attempt to DISPOSE oil the prop
erty to some one else upon profit pre-
| sumably.
The jury Obeyed Judge Slack and re
turned verdict in favor of Rohrbacke
for $500 and costs. The latter enjoyed
the Joke hugely, but Kleebauer thought o.
the immortal lines of the laureate:
Oh, would that my tongue could utter