The Oskaloosa herald., 1902-09-25
BIG SUM INVOLVED.
w. A. Wells Brings Suit Against
Z. b. Gibbs for $IIo, 900.

A petition at law has been fled in
the Office of r. X. Davis, clerk of the
district court, that is of unusual inter
est in the amount of money involved
and in the prominence OF the business
intesests and the people concerned.
In the petition Mr. w. A. Wells, of
Buxton, and connected with the Con-
soidated Coal company, prays for
Judgment in the sum of $4,000
against E. H. Gibbs of this city and
the Hooking Coal company, on account
of the non-fulfillment of contract. Jno.
F. Lacey of this city and n. T. Guern-
sey Of Des Moines appear for the
plaintiff.
The plaintiff, Mr.. Wells, sets out in
his petition that he entered into con-
tract with Mr.. Gibbs for the sale of
the property of the Hooking Coal COM
pany. He was to have as his commits
sion all that was secured for the prop
erty above S445, 1000, and was to give
Mr.. Gibbs a warranty deed for 443
acres of land in Dallas county, Texas,
near the city of Dallas and known as
the King tract and a part of the Nc
DoweIl survey. AS the negotiations
progressed the time of the contract
was extended in supplemental con-
tract for fifteen days, or to June 10,
with the provision that if the sale of
the property was consummated before
June LIST, Mr.. Wells was to receive as
commission and in consideration of
negotiating the sale of property all
that amount received for the property
above $4,000. The sale of the prop
erty was made in accordance with the
provisions of the contract to Mr.. Geo.
w. Sewers and others, through Mr..
Sewers agency for the sum of $780,
600. Mr.. Wells states that he has full
filled his part Of the contract even to
the making out of the transfer papers
for the land and has rendered them.
He claims that Mr.. Gibbs has refused
to make the settlement as per contract
or to deliver to him his commission
for the sale of the property. He states
that under the terms of the contract
that he is entitled to the sum of S110,-
900 and asks Judgment therefor.
The claims, more in detail, are to
the effect that Mr.. Gibbs is the presi-
dent of the Hooking Coal company
and the owner of the principal amount
of the capital stock of the said COM
pany. Early in April, being DESTROYS
of disposing Oh all the property own
ed by the Hooking Coal company, to-
gether with all land and coal owned
or operated, with all buildings machin-
cry or live stock, he entered into a
contract with the plaintiff, Mr.. Wells,
who was to negotiate the sale of the
by June l, 1902. The con-
tract was partially verbal and parfss..s :
ly written whereby the plaintiff agreed
to use his best endeavnrsuo sell said
property and in the event that he was
successful iii the sale of the property
Ie was to receive compensation as
above stated.
The contract stated that Mr.. Gibbs |
vas to render the plaintiff all assist |
lnce possible in the bringing about
If the sale of the property. There |
vas executed and delivered to the |
plaintiff by the defendants certain |
contract or option wherein the de-
endant agreed to sell to the plaintiff |
III rights, titles and interests of every |
lind owned, leased or operated. This
vas in order that the plaintiff might |
make known to any with whom he
night negotiate that he was in full
,ower and possession to make sale
# the property.
The plaintiff tried to sell the prop
.rty and was at considerable expense
n negotiating with parties. He en-
cred into preliminary contract with
henry NJ. Blackmer, trustee Of Colo
ado Springs, Colorado. And this was
nth the full knowledge and consent
f the defendant. On or about the
Sth day of April it became evident
hat the sale might not become effect.
d by June and the time of the con-
ract was extended and the terms sup
lemented as above stated.
Then followed the negotiations with
ieorge w. Sewers for the sale of the
roperty TO other parties. Inc plain
III offered Mr.. Sewers a commission
( s25, 1000 in case the negotiations re-
ulted in the sale of the property. The
ale and the transfer of the property
'as made for the sum of S550,000.
The plaintiff is informed that Mr..
eevers has been paid by the defend
Mt the sum of $4,000 commission for
he sale of the properly. The plain
n is willing to repay TO the defend
Mt this amount paid to Mr.. Sewers
-om the amount Of commission which
e claims is due him and for which he
rays Judgment.
The answer Of the defendants will
e awaited with considerable interest.
hey viii have until noon Of the first
ay Of October to file their answer to
-, ~ ha raIofpfiR 1