The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-17
farmer FILES
MANN CHARGES
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suited the said defendant, seeking
counsel and advice from him as to
what he should do in this matter. y
The defendant advised plaintiff to
cease sending the Akers Lumber Conn
pany any more lumber
Plaintiff, said to the defendant that
that would probably cause the said
Akers Lumber Company to sue hiru.
and defendant agreed that he thought
that probable.
Plaintift then asked defedant II he
could rely upon him, defendant, to
represent him rs his counsel and at
torney in case the said Akers Lumber
Company did sue him after .he notified
1t that he would send it no more lum-
Der, and defendant replied that he
could.
Plaintiff, therefore, entered .nto a
valid and binding contract with de-
PENDANT that plaintiff would employ
defendant as his counsel and attorney
In case the Akers Lumber Company
sued plainti.f after he notified 1t that
he would send 1t no moro lumber, ana
defendant entered into valid and
binding contract with plaintiff that
defendant would represent plaintiff as
his counsel and attorney IN case the
StllQ AheES LulllUckY SOhlpouy
plaintiff after he notified it tina. no
would send no more lumber. and plain
tiff paid defendant, the sum OF IS rs
a retainer fee for his said agreement.
which defendant accepted from plain
tiff as retainer fee In said matter.
Says He Violated Contract.
But defendant thereupon broke his
said contract with plaintiff, and
though the said Akers Lumber Com
pany did sue plaintiff, said defendant
refused to represent plaintiff In said
suit. and he did not represent him as
his counsel and attorney, but he rep
resented the said Akers Lumber Com
pany as It's attorney and counsel in
contract with plaintifr. AS soon as
defendant advised plaintiff to notify
said Akers Lumber Company, as above
stated. plaintiff, on September z. 1907,
wrote said Akers Lumber Company
that sho would furnish 1t With no more
lumber, and he broke OFF all relations
with It.
Thereupon, in violation OF his agree
ment with plaintiff, the defendant
prepared and hled a bill in chancery
for said Akers Lumber Company in
praying the court to enjoin plaintiff
from sending any lumber cut from said
tract, the timber which he had bought
from defendant and Bradshaw for
$4,000. except to said Akers Lumber
Company. and an Injunction was
awarded on October 5, 1907, enjoining
plaintiff from sending any Of said
lumber to any one except the Akers
Lumber Company. A certified copy Of
said Injunction, which was at once
served on plaintiff, Is made part here
| h1,f a % Eiviu fap
Damaged his business.
Plaintiff had at that time about
| $4,000 OF his own cash. He was do
ing very large lumber business run.
ming four sawmills on the tract OF
land above described and on three
other tracts. and his daily expenses,
lrequiring cash in hand to meet them.
were between $3.50 and $500 per day.
This Injunction at once Frustrated all
OF plaintiffs business.
He was unwilling to continue send
Ing lumber from said $4,000 tract to
said Akerss Lumber Company, because
1t would not pay him for same and
he had to have cash In hand for
everything he sold to meet the heavy
expenses at which his business was
run; and besides said Akers Lumber
Company had commenced practicing
the most extortionate methods with
/ him, charging him sometimes as much
as $75 a car. when there was no right
to charge $40. PLAINTIFF was reduced
4 to the necessity. therefore, Of sceasing
all his operations on this $4,000 tract
He had contract with man named
4 Cobb to cut. saw. and deliver the lum-
4 Der on board the cars at Crewe, and
he was unable to continue paying him
4 He was indorser on a note of cobb's
i for $780, held by the Akers Lumbe,
Company. About $1,000 was due
plaintiff by party In Ohio The
Akers Lumber Company enjoined the
4 payment OF this sum to him and cred.
lifted it on said note for s1,55o 0,
1 Cobb's. 81
Caused His Financial Ruin.
The injunction that the Akers sLum
4 Der Company served on PLAINTIFF tiet
s|up his entire business and forced hin
ITO discontinue business at his othe