Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-09-20
Wells Claim. Big Commission
For Coal Land Sewers Sold
10 Iowa Central
SAYS SEWERS GOT $4,000
Sets Up Contract Which Would Give
Him as Commission All Over $40, 900
Coal Property Brought 600
Wells Claims His Commission Offers
to Pay Sewers.
Special to Times-Republican.

TUSCALOOSA, 0ept. GV.-6A pSS.AoA1
been filed in the district court by w. "A.
Wells, of Buxton, praying for judgment
against 2. II. Gibbs for $4,000, commits
sion for the sale of the Hooking Valiey
Coal Company's property, which was
made last May to leading directors OF
the Iowa Central and NJ. & st. u. Kali
way companies thru the agency OF MT.
George w. Sewers Wells claims that
he entered into q contract with gibbs
for the sale of property at $445,OOo. net
to Gibbs, he (wells) to have as his
commission all over that amount. See
vers was paid $4,000 to perfect sale
of the property, which was accom-
rlished at s550,O0O. Wells claims he Sc
cured the services of Sewers, who was
thereby acting as agent Off him, aud he
is willing to pay back to Gibbs the Szo'-
5000 paid Sewers provided ne gets the
remainder of the $4,000.
In more detail the plaintiff, Mr.. Wells,
sets out that he entered into a con-
tract with Mr.. Gibbs for the sale OF the
property of the Hooking Coal Company.
He was to have as his commission all
that was secured for the property above
sass, 900, 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
. part of the Mcdowell survey. AS the
negotiations progressed the time of the
contract was extended in supple
mental contract for fifteen days. or to
June IL, with the provision that II the
sale of the property was cOnsummated
before June /, Mr.. Wells was to receive
as commission and in consideration of
negotiating the sale of the property all
that amount received for the property
above $4,000. The sale of the property
was made in accordance with the pro-
visions of the contract to Mr.. George w.
Sewers and others, thru Mr.. Sewers
agency for the sum Of $550,000. Mr..
Wells states that he has fulfilled 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 set
Element 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 $4,000 and asks judg-
ment therefor.
The claims, more In detail, are to the
effect that Mr.. Gibbs is the president Of
the Hooking Coal Company and the
owner of the principal amount Of the
capital stock Of the said company. Ear
ly in April, DESTROYS of disposing of all
the property owned by the Hooking
Coal company, together with all land
and coal owned or operated. with all
entered into a contract with the plain
tiff, Mr.. Wells, who was to negotiate
the sale Of the property by June 1, 1902.
The contract was partially verbal and
partially written whereby the plaintiff
agreed to use his best endeavor to, sell
said property, and in the event that he
was successful in the sale of the prop
erty he was to receive compensation as
above stated.
The contract stated that Mr.. Gibbs
was to render the plaintiff all assist
ance possible In the bringing about of
the sale of the property. There was
executed and delivered to the plaintiff
by the defendants a certain contract
or option wherein the defendant agreed
to sell to the plaintiff all rights, titles
and interests of every kind owned, lease
ed or operated. This was in order that
the plaintiff might make known to any
with whom he might negotiate that he
was In full power and possession to
make a sale of the property.
The plaintiff tried to sell the prop
erty and was at considerable expense
in negotiating with parties. He en-
tered into preliminary contract with
Henry M. Blackmer, trustee Of Colo
RADIO Springs, Colorado. And this was
with the full knowledge and consent of
the defendant On or about the 18th
day OF April it became evident that the
sale might not become effected by
June and the time of the contract was
and the terms supplemented
as above stated.
Then followed the negotiations with
George w. Sewers for the sale Of the
property to other parties. The plain
tiff offered Mr.. Sewers a commission
of $4,000 In case the negotiations re-
suited In the sale Of the property. The
sale and the transfer OF the property
was made for the sum of $55O,0O0.
The plaintiff is informed that Mr.
Sewers has been paid by the defend
ant the sum of s25,000 commission for
the sale of the property. The plain
tiff is willing to repay to the defend-
ant this amount paid to Mr.. Sewers
from the amount of commission which
he claims is due him and for which he
prays judgment.
The answer OF the defendants viii