Charlevoix county herald. (East Jordan, Mich.) 189?-1953, 1921-05-06
C.. S. Abbott
Starts Suit
Against Henry Richardi of Bel
laire and City of CharIevoix.
From Charlevoix Courier.)

lfrom CnarleVoiX Courier
Last week suit was commenced in
the circuit court of Antrim County up
on bill of complaint filed by Charles S.
Abbott, against the city of Charlevoix,
Henry Richardi and the Hydraulic
Light and Power Company of Bellaire.
The suit arises out of transactions be-
tween Mr.. Richardi and Mr.. Abbott
prior to the lease made in December,
1917, whereby the city took over the
operation of the Bellaire power plant.
It is claimed by Mr.. Abbott that he
secured an option, dated September 8,
1917, wherein Mr.. Richardi agreed to
sell to him the plant, transmission lines
flowage rights, etc., for 100000 to be
paid by the sale of an issue of bonds on
the plant. After obtaining this option,
which was for GO days, Mr.. Abbott en-
tered into a contract with the city of
Charevoix to furnish electric current
for ten-year period, under terms
similar to the old Richardi-C -Charlevoix
contract.
In his contract with the city Mr..
Abbott agreed to move the steam plant
at Bellaire to Charlevoix, loop in the
East Jordan system, via Ellsworth, and
secure a release from Richardi of any
and all claims arising out of the
old Richardi-C -Charlevoix contract. 1t
will be recalled that the city of Charlie
voix, at and before this time was OBJ
tanning its current from Rock Product
company's steam plant, which was only
temporary arrangement, and likely
to be terminated at any time. For some
reason Abbott and Richardi never con-
snmmated their deal. The 60 day op-
ton expired, and Mr.. Abbott was ap-
parently unable to acquire the plant
and perform his contract with the city.
1t appears that the city council at
that time were advised by Mr.. Abbott
that the whole deal was off, whereupon
the city entered into the lease of Dec
ember Is, 1917, and later exercised the
option of purchase contained in the
lease. Since that time the city has
been in possession of the plant, has
made extensive improvements and re-
pairs, and has paid a considerable part
of the purchase price as the bonds is
sued therefore matured.
1t was not until quite recently that
the city council became aware that Mr..
Abbott claimed any rights under his
Richardi option, and his contract with
the city. Plaintiff is asking for de-
cree compelling the performance of the
terms of the option and contract, and
an accounting of profits.
The issue presented in the case rails
es the question of whether Mr.. Abbott's
default was caused by matters or hap
penings beyond his control. To excuse
his default the plaintiff charges that the
city of Charlevoix, through its proper
officers conspired with MIR. Richardi to
prevent performance, and by fraud,
cheating, persuasion, solicitation and
inducements, hindered and embarrassed
him in procuring performance.
Onr citizens will be interested to
learn in just what way our former city
officials succeeded in perpetuating such
a gigantic conspiracy. 1t is to be OBJ
served that none of the then aldermen
have been proceeded against individ-
ually.
Mr.. Abbott is represented in the case
by Att'ys Rood and Yischer of Detroit
with Atty Dwight L. Wilson of this
city as counsel. The city of Charlevoix
is represented by Atty Arthur L. Fitch.