East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-12-10

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Furnish persuaded Coe to disregard
the strict terms of the contract, the
plaintiff charges. and advised him
that one provision which stipulated
that 25 per cent of the gross sales
should be used for paying the expens-
es of the sales and management was
not practicable.
Coe Follows Instructions.
This, Coe says, Furnish advised
him to disregard, but to push the sale
of the land regardless of the terms
of the contract or the expense. ].
II. Raley, attorney for the companies,
had also advised him to do this, be-
ing a co-conspirator with Furnish, so
Coe charges.
Coe had taken this advice, he says
and embarked on a strenuous cam
paign for the sale of the lands. Then,
in furtherance of the conspiracy, Coe
alleges, Furnish neglected to keep the
project in good condition, allowed the
bitches to become defective and dry,
and thus discouraged prospective set
tiers who came to see the lands. AS
result of this the project won the
name of being mere selling scheme
and not of being a bonafide irrigation
project, so Coe charges.
Raley had spent much in excess of
the fund named by the terms of the
contract, so Coe alleges, but many
thousands less than Coe had earned
as commissions. All the money spent
by Coe had been spent to exploit the
lands of the companies, and this fund
included many thousands of the pri-
vate funds of the plaintiff.
Demanding Accounting.
Knowing all these things, Coe al
leges, Furnish and Raley made a per-
emptory demand upon him July for
an immediate accounting of the bus
iness of the companies. They insist
ed, Coe says, that he either make an
immediate accounting or that they
would proceed to strict enforcement
| of the terms of the contract
| Furnish and Raley repudiated the
promises made with the plaintiff, Coe
alleges, and insisted that unless an
adjustment were made that the con-
tract would be Cancelled. Raley ap-
parently as his attorney, but in fact
as an agent of Furnish, Coe alleges.
persuaded him to sign a new contract
As a result of this new contract
II. l.. Moody was elected president of
the Inland Irrigation company Fur
nish had represented that Moody was
a man Of experience, of integrity and
high standing in every way, while
the fact was that he was a tool OF
Furnish and puppett Coe charges
that Moody had been engaged in bus
mess dealings of such a questionable
nature for years. that when he found
out his true standing and reputation
he did not desire to have his name
used In connection with that of
Moody.
FL ancial Standing Attacked.
AS soon as Moody was elected pres
ident. Coe alleges, he went away from
the state and would not attend to the
business of the company. He refused
to carry out the terms Of the sales,
and at once began to attack the stand
ing and character of the plaintiff.
Coe says that Furnish and Moody
attacked his financial standing, as
well as that OF the Columbia Land
company, and disorganized the agents
and employees Of the company.
About this time, Coe set out, he
went to the orient for a rest, and Fur
nish and Moody began to circulate
false and slanderous statements about
him. They circulated the rumors that
he was a defaulter, Coe says, that he
was an absoonding debtor, that he
was not in the orient. but was con-
cealed in Portland; that he was a
bankrupt; that he had abandoned his
contracts and was not able to carry
them out; that the Columbia Land
company was insolvent; that Coe had
collected vast sums Of money without
the knowledge or authority Of the
companies and had misappropriated
these sums to his own use and that
he had defrauded the purchasers Of
lands.
Repudiated Contracts.
Before leaving Portland Coe says
that he had told Furnish of his plans
for carrying on the business Of the
companies. and that he had done this
believing in the honesty and friend
ship Of Furnish. Furnish and Moody
had used this information, Coe says,
and had gone to the banks and the
men named by Coe and circulated the
defamatory -rumors to these men, in
an attempt to destroy the financial
standing of the plaintiff and cause
him to be unable to carry on his plans
for the fulfillment Of the contract.
After doing all these things. Coe
says that Furnish and Moody repudi-
ated the contracts and have refused
to allow him to carry them out to
successful conclusion. doing so in an
effort to lnjure him and defraud him
Of his dues resultant from his work
as selling manager for the Furnish
properties.
Coe asks that Furnish be forced to
pay him 100000 actual and 100000
punitive damages in the suit filed
against Furnish individually, and he
asks for 100000 damages from the
Inland Irrigation company, the Fur
nish Ditch company. Furnish &
Moody because OF the cancellation Of
the contracts held by the plaintiff
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