Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-02-08
$500 CLAIMED IN
REALTY TRADE
SUIT FOR ALLEGED MisREPRE.
8ENTATIoN OF LAND BEGUN
IN COURT.
SCHNEIDER, OF MELBOURNE,
SUES BOYD AND kROENER
Schneider Alleges That He Suffered Fl.
nancialIy BY Reason Of Trading Mel.
bourne Property For Minnesota Land
MISREPRESENTATION Of Lands Value
is charsed-Defense Denies Claim.

Involving a claim for $1,000 the sui;
of G. Schneider, OF Melbourne, against
John H. Boyd, OF Crooks-on. MINI,
and Christian kcoeaer. formerly o.
Melbourne, but now o. Albion, which
contains much OF Interest - Melbourne
people, was begun in the district court
Tuesday afternoon. The suit IS one
brought for alleged misrepresentation
In real estate trade, by which Sohnei-
der traded his butcher shop, residence,
and other properly IN Melbourne fo"
800 acres near C-ookstor, MINI.
Schneider claims 70 have suffered
financially a: the hands OF Boyd and
Kroener. Conspiracy 20 6at-aud him i
one Of the allegations Sc, up i. his
claim for recovery
Involve About 5000.
Schneider was for years IL the retail
meat business II Melbourne. where he
owned his business, residence property.
and five lots. kroener was an old
friend OF Schneider, II whom the latter
is alleged to have placed great con-
fidence in his business judgment. hroe-
ner was in the real estate business and,
It is alleged. IN this transaction ne was
Boyds agent Il IS claimed that
Kroeuer induced Schneider 70 enter IN
to a trade with Boyd. by which
bourne for the Minnesota Land. Schnei-
der. It Is alleged, never saw the land.
the allegation being that he relied on
the representations regarding It that
were made by kroener and BOYD.
Claims Misrepresentation.
According 70 these alleged claims the
land was represented to be good. far
tile, and tu,ab!e soil, the buildings
were good, and the land was worth
about s35 an acre and would bring that
much. Incidentally. n the trade.
Schneider assumed nor cages tocaIas
$4,000 which encountered the land.
After he had traded Schneider went
to see the land and, it is claimed that
he found It low covered With rocks,
and not tirable, that It had been aban-
doned, the buildings were poor. and the
land was not worth over $40 70 SIS an
acre Then he sought BOYD TO trade
back. but Boyd refused, aItho event
ually Schne;der's note for $500. which
he had given as part payment, was re-
turned to him. The trade was made II
1905. Four years later Schneide,
brought suit to recover.
Could Not Sell; Sued.
1t is the claim OF the defense that the
land was worth the value placed on 1t
but that the real reason for Schneider
bringing suit was that ne had been IN
able to dispose Of the land as he had
hoped to 90 after he got possession o.
it. 1t IS denied that Kroener was an
agent or represented BOYD instead Il is
the claim Of the defense that Kroene1
was working in Schneider's interest
The defense explains the failure 10 sell
the land by the statement that duri, g
the years OF 1908, 'oe and part OF 'o7
the Minnesota country was visited hy
heavy rains that almost killed the sale
Of farming lands IN that state
Loses Part Of Land
The mortgages on the land, the de-
tense claims. was on the two d!.e-en,
quarter sections OF it One Of these
mortgages fell due and the uortga gee
foreclosed and Schneider lost one quar-.
ter section.
It is the further claim Of the ,erans:
that more than approximately 800 II
real money changed hands n the trans
action, and that Schneider got $ much
III not more. than Bovd old out O. y:
trade. It being claimed that Schneide,
occupied his Melbourne property an
conducted his business in = tor ai,ou
six months after It belonged to Bovd
Il IS claimed IN addition. that Sch
neider twice saw the land the fail afte
the traded. and that OF both occasion
he expressed himself as satisfied viii
the land and the trade L vas on!,
later, when he failed to sell. that u
brought suit. so it .s alleged Niisrepre
sentation on the part Of either Boy,
or Kroener Is specifically denied
Schneider was the first witness pu
on the witness stand. His e4anainatio,
continued thru all OF the forenoon. TIL
case will probably consume all tn
week in its trial