Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-10-13
AllEGE FULL PAYMENT WAS
NOT MADE FOR WORK ON
THE HIGHWAYS.
ELY & HOGAN ASKING
JUDGMENT FOR $500
Hellberg Defendant In Suit Growing
Out Of Automobile Collision--Chol-
era, Alleged to Have Caused Death
of Hog Sold to Auction Firm, Gives
Rise to Legal Action.

| the October terms. Marshall coun-
| " is made defendant in one case
filed by Elzq & Hogan, in which judg-
ment for sS,431.3S is asked on one
! count and 1854 on another.
DuriAg the summers of 1918 anu
1919 the plaintiff firm, it is alleged,
! contracted to do eXcayating, filling and
moving earth for the county on the
! East Main street highway, extending
eastward from this city and crossing
the Iowa river, the unit price agreed
upon being 60 cents per cubic yard.
The county allowed 80 cents, in settle
ment, the petition alleges, and there
Is due. at the price said to have been
agreed to. $S,43l.33.
On the second count the plaintiffs
allege that in the month of July last
they moved fences and cleared the
right of way near Rock Valley, filing
a claim for $2S4. which is unpaid.
Judgment is asked for the sums men,
toned on the two counts.
Hoffman Sues HeIlbere.
Another suit growing out of an au-
tomobile accident has been filed by j.
c. Hoffman, of this city. who seeks
damages in the sum of $500 from Eric
Hellberg. Hoffman alleges that on the
night Of Sept. a. at the intersection
of Main and Ninth streets, the defend
ant, not having his car under control
and driving on the wrong side of the
street, collided with car driven by G.
j. ROundy, causing the latter's auto
mobile to be thrown against that OF
the plaintiff, resulting IN serious dam
m the Hoffman machine
Hoffman alleges a physician was
called to attend members of his family
and asks judgment in the sum of $500
for the injuries sustained by the occu-
pants of the car and damage to the au-
tomobile.
Sues to Foreelose Mortgage.
A. F. Augustine is plaintiff in a suit
filed against Belle and w. E. Crawford,
in which he seeks judgment for $4,000
on a promissory note. protected by real
estate mortgage. given March q, 1917.
to NJ. E. Melvin. The note and mort
gage later were assigned to the plain
tiff The property covered by the
fifth addition.
Augustine asks Judgment for the
amount of the note and foreclosure OF
the mortgage.
Hog Sale Causes Suit.
Ray Griffith is made defendant In
| suit started by Plumb Brothers, ct al.
in which the allegation is made that
| forty-four head Of hogs sold by the de-
PENDANT to the plaintiffs, in August.
this year, were not in good health, as
is said to have been represented by the
defendant and that cholera developed
causing death to the animals. One
hog died before delivery and the pur-
chasers were reimbursed for this loss.
The defendant, it is alleged, declared
the disease was not of a contagious
nature. The lot was purchased for
s615.
The loss suffered thru death of hogs,
it is alleged, was s555.70. Other hogs
| owned by the plaintiffs contracted the
| disease and four pigs, valued at SIS
each, died, increasing the loss $50. 9th
er animals in the herd were vaccinated
at a cost Of s44. and remedies, disin-
| fectants and work of cleaning up cost
| an additional s341. The plaintiffs ask
| judgment in the sum Of $1,000 on the
| four counts.
Real Estate Agents Sue.
Two suits to collect commissions for
| real estate sales have been filed bylH
| o. Bly,, claiming $500 in commissions
| from M. II. Green, and Fred K. Carl,
| asking judgment for s400 against
Selma Niederhauser. BLY, alleges he ne
| gotiated trade for Green, in which
| the latter disposed Of real estate, des-
| ignated as the east two-thirds Of lot 8,
| block 8, original town of Marshall, and
the business Of the Central Tire Com
| pany, to H. L. Dobson, for real estate
| in Minnesota. The real property dis
| posed Of by Green was at valuation
! Of $4,000 and the tire business at
$4,000, it is alleged. The exchange was
| eliminated as a result Of the efforts of
the plaintiff, it is alleged, who asks
| Judgment for $500.
Carl alleges that he found buyer
for quarter section in Van Buren,
county for Mrs. Niederhauser, for
which he was to receive $3.50 an acre
commission, or a total Of $500, for mis-
services.
| Other Suits Filed.
r. W. Brewer. charging that en-
ployes OF the Iowa Railway & Light
Company, In changing electric wires
In the Brewer garage, negligently re-
moved wires operating the elevator and
in replacing them so connected the
wires that the elevator ran backward
In starting the elevator the cables were
broken, he declares, and the cost Of re-
pair amounted to $141.07. the sum nc
asks as damages.
r. F. Clark & Son, Of Lscomb, have
filed suit against w. D. Hines, direc-
tor general Of railroads, and the M. &
st. L. railroad, asking damages in the
sum Of &1s2.17. alleged to have beer
sustained thru improper shipping Of 6
car load Of hogs from Liscomb to Chi
cago. Three Of the hogs are alleged
to have died enroute.
The Meeker LcuHdry Company Il
made defendant in suit filed by Barry
&c Dursee. who ask Judgment for $71.25
alleged due for repair work on an auto.
mobile.
Mrs. Elsie Campbell Bateso1e, of this
city, is plaintiff in divorce actor
filed against John Floyd Batesole. Mrs
Batesole seeks the custody OF two min
or children, Dale Forrest Batesole
aged 7, and Maxine Rebecca Batesole
aged s; permanent alinony Of SIS
month, and title to the home property
and houaehoId ooods The couDla wa.