Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1916-10-25
MT.HOPE farmer LOSES
VERBAL PYROTECHNICS FEATURE
HEARING OF CASE FULL
OF TANGLED KNOTS.

A real estate man who wanted s'my
commission, farmer who may look
easy but is as sharp as they make 'em
and third party who was not a
party to the suit but seemed to have
a keen interest in the matter, took up
the time and attention of the court and
jury for many long hours last Thurs
day afternoon and all day Friday I'M
til the shades of night had fallen.
To be exact the trial was that of w.
H. Phelps of Madison VS. Writ Mon
roe, Mt. Hope farmer. Phelps brought
action against Monroe, alleging fail
ure on the latter's part to pay him
commission that he felt he had
earned in bringing him a buyer for
some $40 acres of North Dakota land.
The transaction is alleged to have
taken place last December, and on the
9Th of January Monroe signed a con-
tract with Madison engineer named
Clerkin by which Monroe's land be-
came Clerkin's property and Monroe
ia turn acquired q Madison apartment
building known, as the "Dago" fiat.
Phelps acted as agent for both part
les with the understanding it seems
that he was to get $500 from Monroe
and so Phelps claimed, 500 from
Clerkin, when the deal went through.
Clerkin swore in testimony that Phelps
had said that the land was Is per cent
psow land and good fertile soil. Evil
gently it was quite the reverse and
before the deeds could be transferred
Glerkin came raging to Phelps want
Ing the trade stopped. He also, ac-
cord1ng to testimony, declined to al
low Monroe TO collect on the fiat rent
for the month. Monroe, it seems then
brought suit against Clerkin to com
pei him to complete the deal although
this last is another story.
Later he found a bargain more to
his liking than the Madison deal and
withdrew the suit But this has moth
ing to do with the case at hand
Anyhoav the deal fell through and
Though Phelps, as an Industrious real
estate agent worked might and main.
he was. unable TO bring the parties to-
gethar again Clerkin didn't want to
sell and neither apparently did Mon
roe Al length Phelps took the matter
to the Dane county court, and on a
change of yEEne it was brought here.
Phelps was represented by Mr.. Get
tie of the Madison firm of Gettle &
forge Monroe had for his attorney
another Madison man named Shuttle
worth The attorneys waxed indig-
nant land persuasive by turns and all
through the HVelOng day shouted un-
til the entire court house rang with
the harmony If their voices.
ShnttleWor1h won the belt for the
lOudest voice by all hands down. Get
tie seemed TO have the best of it from
the standpoint Of smnOthness. Finally
after about eight hours examination
and argument the jury went into con
ference at half past four with the fol-
lowing ,questigns
Special Verdict.
4 Was the agreement of agen-
cy between Phelps, the plaintiff,
and Monroe, the defendant for the
sale QOr trade of MOnrOe's land in
North Dakota, that he, Monroe,
would give to Phelps a commits
sion of $500 a quarter if he would
bring about deal for said land
that he would accept-Ans. No.
2. Was the contract of agency
between Phelps and Monroe that
if Phelps would find for him, Mon 7
roe, buyer who would exchange : !.
other property for his land in No. /
Dakota he would give to him,
Phelps, a commission of $1OO
quarter after the deeds upon an
exchange was made and deliver
edT Answer-YES.
The Jury came in about O'Clock
with the above answers but were sent |
back with third question:
3. Was it through any fault of
the plaintiff, Phelps, that the con-
tract of January for the ex-
change Of properties was not car
ried out. Answer
The court acted as follows:
Answer of Eyes" changed to mo" F
md YES" struck out by the court.
Back of the matter, it is stated.
hat Phelps thought he had roped
sucker when Monroe Of Mt Hope
anne strolling in his house on the last
December morning. Monroe had the
Dakota land all right but he had never
cen it himself and the inference
GEMS to be that there is better land
trewn around nearly everywhere.
Clerkin, who, apparently acted like J.
gull, may be a fox, as it is said that :
he Dago flats were mortgaged up to
1000 and not worth a cent more. Ac-
ording to the deal Monroe was to as
ume the mortgage and Clerkin was q
} give Monroe $1,000 or its equivalent ?
l notes. Phelps was to get 5000 SO
e claimed, when the deal was put
trough, from Monroe and apparently
from Clerkin. Evidently
ach party had something to sell and