The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-12-02
c. w. sPARR SUES DoNovAN.Mc.
coRMIck COMPANY.
WANTS
Alleges He Was Induced. to Buy Stock
in Concern BY Misrepresen.
tation.
From Tuesdays Daily.

From Tuesdays Daily.
What promises to be a stubborn le-
in the district court by c. W. Spar,
who has begun proceedings for annrll-
ment of a contract by which he De-
came the purchaser of 200 shares OF
the capital stock of the Donovan-Mc-
Cormick company.
The complaint is an exceptionally
lengthy and voluminous one and goes
into many of the details of the trans
action by which the plaintiff became
one of the shareholders of the com
pany. The defendants are T. G.
Power, Paul Mccormick, A. C. John
son, w. H. Donovan and the Dono-
can-McCormick company.
After reciting the close business
and personal relations alleged to ex-
list between r. C. Power and Paul Nc
Cormick and giving what purpOrts to
be more or less a history of the de-
PENDANT company and the former Of
fetal connection of Defendant Dono-
van with the corporation, the COM
plaint charges that on or about June
20, 1901, plaintiff was induced to be-
come the purchaser of 200 shares of
the company's stock on representa-
truthfully state the financial condition
| of the concern. He charges that bal
ance sheets were made which showed
/ it to be on a paying basis, whereas,
as he subsequently learned, it was
not making money, but on the con-
trary was conducting business at an
| actual loss. Plaintiff also charges
that he was told that the company
owned property in value equal to the
amount of it's capital stock, $50, 900,
over and above all it's debts and liza
bilities. On the strength of these al
legged misrepresentation he declares
he bought the shares o owned by
him, paying therefore the sum of $780,
900.
AS a further inducement to buy the
stock he alleges that he was to be
made treasurer of the company and
manager of it's retail department, for
l urhinh ho woo RI roooivo q cfirr11ofod
salary; that he was so installed and
continued to occupy the dual position
until August 81, 1904, when by a vote
of the directors he was dismissed
and the position of manager given to
some one else.
A certificate of the shares held by
plaintiff is submitted with the com
plant, also a copy of the contract
said to have been entered into be-
tween the parties, and made a part OF
the complaint.
On the strength of his showing
plaitiff demands that the court give
judgment in his favor, resembling the
contract and adjudging him not to be
the wner of the shares, and award
ing him the sum of $4,000 as a judg.
ment against the defendants, the
amount he claims to have paid fol
his stock.
Verdict for Defendant.
Hearing of the case of p. B. Moss
VS.. Gwen F. Burla, county treasurer
was completed last night. During the
forenoon a jury was empaneled as lol
lows:
James nerr, T. ]. Jellison, Silas
Stone, C. W. Forester, Andrew Dahl
strom, H. c. Kerr, Grant De Boor, Z
L. Green, David Penman, John D
Losekamp, Joseph Kinnick and E
Grossman. When the hour for ad
journment arrived the court an
nounced that the case would be re
sumed at 1880 o'clock. Juror James
Kerr misunderstood the courts or
ders and when the hour fixed arrived
he failed to show up. BY consent Of
the principals the action was tried tt
the remaining members of the panel
The jury was out only a short time
when it returned a verdict in favor O
the defendant. Notice of a motion fol
a new trial was given and the cour
granted the usual time in which tt
prepare and file a bill of exceptions.
This morning Mr.. Kerr was on hant
promptly at 1880 o'clock and wa!
: much %astonished to find he was tn
l only n present. He continued abou
t the court house until the regular hou,
for converting arrived and then in