The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-03-21
Papers Returned in Suit of
Mrs. Peltier Against
MOSher
CLAWSON SEEKS COM
MISSION AS AGENT

Claim Is Made that Liveryman Mosher
Failed to Fulfill Agreement Signed by
Him-Lawyers In an Interesting
Mixup.
The ramifcations of the Peltier-
MOsher suit to recover $4,000 damages
for alleged breach Of contract are ra-
pidly assuming proportions that promise
a beautiful legal tangle if the case
comes to trial Neil ID. Clawson yester-
day had the property of Kenneth f.
MOsher, defendant in the suit for dam
ages brought by Mrs Martha Peltier
for her son, Ralph Peltier. minor, at
tached in consideration of an agreement
alleged between Clawson and Mosher
/ that Clawson should find a purchaser
for the livery and automobile business
OF Mosher and that upon the completion
of his work should receive 10 per cent
/ Of the purchase price. The plea further
states that Clswson performed his share
/ Of the agreement in that he found a
purchaser, and he wants 10 per cent
commission. The Peoples National
bank is a party TO the attachment as
trustee.
\ peculiar phase of the Peltier suit
against Mosher is that the papers bear
the names of NJ. p Davis, Clarke c.
Fits and \ V. d. Piper as the attor-
neys while H. G. Barber of counsel for
Mosher said yesterday to The Reformer
that Mr. Fits was associated with him
rs counsel for the defense. The eXplana-
tion of this by Harold E. Whitney OF
Mr. Fits 5 Office is that Mr.. Fits Just
before leaving town ON a brief vacation,
probably accepted retainer from the
plaintiff in the suit but left no record
IL his office to that effect. When Mr..
Mosher went there the other dav to re-
tain Mr.. Fits. Mr.. Whitney. finding no
record of q retainer having been accept
cd. took one from Mr.. Mosher. thus
placing Mr.. Fits In the position Of
being counsel for both sides. OY-
ihc TO the unexpected position in which
Ie has been placed. Mr.. Fits. upon his
rsturn. may simplify matters by with
"a tawing entirely from the case.
From the above names ii will be seen
/ that r.. G. Bacon. who was yesterday
mentioned as one of the attorneys for
Psitier. does not appear as an attorney
J of record I'm the case.
r The papers i'm the attachment pro-
e ctedings of Clawson were filed with the
r. town clerk yesterday morning by Sher-
! im G. f. Mann and the papers in the
- eltier suit Were filed al the same Of
! fee two days before Indicating, in the
4 opinion of Sheriff Mann that the state
@ nient attributed TO him 10y Attorney II.
T. Barber in The Reformer yesterday
n that he would not make return OF them
t until his fees mad been paid had been
n sufficiently answered. State 5 Attorney
i. Y. d. Piper was highly indignant
last night over the publication of this
statement, declaring that. if such q
statement had been made, il was false
L so far as il had any reference 10 him.
and to this Sheriff Mann, who denied
that he ever made Il statement publicly.
or with serious intent concerning any
10 one, agreed.
y The substance of the contract upon
A. which the suit is brought, taken from
G. the contract itself, is as follows:
h Mr.. Mosher, for 81 and other valua-
le bic considerations received from Ralph
" NJ. Peltier. contracts with Mr. Peltier
T. to sell all his livery, automobile and
Or hacking business in BrattleborO, con
to sisting of all the horses, carriages, am
ne bulance and other paraphernalia e
now use in said business and all the
good viii of said business provided
tions set forth.
Three appraisers We're to be chosen
IN one by Mr. MOsher and one by Mr.
e. Peltier, the two so chosen to select
n third. and the three were to reduce Z,
lr. writing the actual value of the proper
tv. without any imitation of value an,
la without figuring the good viii into sai'
er value After the value was determin
a ed Peltier was to have Is DAYS in whic
to notify Mosher whether lie would buy
~ If he decided to buy. one half was Z
q. be paid in cash and the rest IN notes a
of specified in the contract, and Moshe
- was TO agree not to enter. directly o
-, indirectly, any similar business in Brat
- tlebOro during the period that Petite
or his heirs or assigns should continu
~ the business.
III Mr. Mosher further agrees. accordin
ge TO the contract to secure for Mr.. Pc
'n. tier the agency for the Cadillac ant,
on mobiles for Windham and Cheshil
nc counties.
"a, ne The plaintiff alleges that he has keI
ih all of the conditions of his part of n
ne contract, but that the defendant hi
failed to keep his in any part, refusin
ev. to name an appraiser or TO permit au
err to be named or to obtain for the plain
at iff the agencies for automobiles. bl
by has notified the plaintiff that be did NJ
We recognize the legality of the documel
the and denied any liability Hereunder. 4
IN Of which, the plaintiff SAYS. has causs
ac 2 damage to him Of - 900. the reeovcr
es. of which with Just costs is sought. III
the Papers are dated March IS and fled 4
same day.