Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-10
A. D. Clarke, of Algona, Made
Defendant In Dispute Over
Big Land Deal
PLAINTIFF WAS cLARKE's AGENT
Claimed That Clarke Was to Furnish
Money for Purchase of Large Tract
of Land and Failed to Do So-Law-
yer Wants His Money and Fees
Back.
Special to Times-Republican.

Algona, March 10.-Action against
A. ID. Clarke of this city has been
brought in the United States court at
Fort Dodge for the sum of over $4,000
by Colonel II. w. Harrison of Topeka,
kas. The action is a suit in equity
for accounting and for damages for
breach of contract.
The complaint alleges that in the fall
OF 1902 Mr.. Harrison entered into a
verbal contract with Mr.. Clarke
whereby complainant was to purchase
certain lands near the west shore OF
Mile Laos lake, Minnesota. BY the
terms of the contract Mr.. Harrison
was to examine the lands, look up
their owners, examine their titles and
purchase them at the lowest possible
figures. In return for his services Mr..
Clarke was to furnish all the money
necessary to pay the expenses OF COM
plainant and to make first payments on
the lands bought and also to make the
subsequent payments as they fell due.
Upon Mr. Harrison's request Mr..
tanning title to the lands.
In April 1903, it is claimed, this YER
bal agreement was reduced to writing
and duly signed by the parties and
what purports to be copy is attached
to the complaint as on file IN Fort
Dodge. Mr.. Harrison claims he enter
ed in good faith on the performance of
the contract and purchased large
tracts of land and made the first pay
ments thereon. These payments ag-
gregated the sum Of $4,000. Tho re-
peatedly asked to recompense him for
this outlay of money, Mr.. Clarke has
failed to do so, except that in July,
1903 he paid him the sum of $4,000.
Mr.. Harrison claims that there Is still
due him $1O,500.
The complaint further alleges that
Mr.. Harrison is an attorney OF many
years practice and that he is especial
ly skilled in determining the titles to
lands, and that his services in pur-
chasing these lands and examining and
perfecting the titles thereto are worth
$4,000.
The complaint further alleges that
by reason of the failure of Clarke to
comply with his part of the agreement
and furnish the necessary funds to
carry out the contracts for the lands.
certain contracts entered into by Har-
rison were broken and defaulted, and
that he has been damaged in his stand
ing and reputation as business man
in the sum of $4,000.
Complainant Harrison further alleges
that one of his inducements for his
entering into the contract with Clarke
was the representations of the latter
that he would cause to be built and
operated an electric or trolley line
from Brainerd, Mimi, to the west shore
of Mile Laos lakes; running thru the
lands to be purchased and that on GER
tain lands so purchased. town would
be built and summer resort estab-
lished. That all of this Clarke failed
to do. That had Defendant Clarke
furnished the necessary funds to carry
out the enterprise as provided In his
contract the profits would have been at
least 100000, and Harrison's share OF
the same $4,000. He therefore asks
Judgment against Clarke for some $780,