The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-05-29
Peter Mungen's. Farm Sold
to Both DIR. Achen and
DIR. Toner.
TONER SUES FOR DEED
Examination of Mungen Be-
fore Court Commissioner
Today Is Start of Fight.

The opening wedge in what gives
promise of developing into a long and
bitterly contested legal battle, was
driven this morning when Peter F.
Mungen was examined for two and
one-half hours before A. E. Buck
master, as court commissioner, rela-
tive to a double sale of his 5O-acre
farm, located short way out of the
city on the Geneva road.
The action is being brought by DR..
Thomas J. Toner to compel Mungen
to give a deed for the property for
$17,50O cash. Mungen contends that
he has already sold the property,
which is better known as the French
farm, to DIR. F. W.. B. Achen for
$4,000.
The deal for the farm was made by
DR.. Toner with the Flasch Real Es-
tate and Insurance company, 1853 Main
street. Mr.. Mungen says that he new
er authorized the concern to dispose
of the property for less than $4,000.
Raymond Flasch, senior member of
the firm, is also executor of the es-
tate of Matthias Mungen, Peters IA
Their, of which the And is part. The
estate ssstill in probate, and Mungen
contends that the Flasch people had
no right to sell the land without
court order.
Farm is Main Asset.
The history of the case dates back
to the death of the elder Mungen. In
his last will he made Raymond Flasch
his executor and named Peter as heir
to what remained of the estate after
the debts were paid,
There are certain debts which must
be paid and in order to do this the
land must be sold. In the latter part
of April the /Flasch company entered
into a contract with DR.. Toner for
the transfer of the property. Before
this Mungen had been looking for
prospects and had the place listed
with several other real estate con-
Germs in the city.
In his disposition this morning
Mungen said that the first intimation
he had that the place had been sold
came when DIR. Toner and John Evans
came out to the farm. Evans called
him aside, he testified, and stated that
DR.. Toner had purchased the place
for $17,5OO.
Thinks Price Too Low.
Mungen said that to this he replied:
''Like h he did, the low dollar on
this property is $4,000 and it won't
be sold for a cent less"
He said he showed the men around
and after they had left he started to
town to see what it was all about. On
the way in he met the doctor, Mr.
Evans and Raymond Flasch and his
son, Leo. He said he asked the
Flasches if they intended to charge a
commission and they replied that they
did. He then quest oned them as to
what they expected to get and accord
ing to his statements, they said five per
cent
Mungen said that he retorted that
he wouldn't stand for such highway
robbery, and headed for town where
he visited the office of Peter Pirsch.
From there he went to the Office of
Stahl and from there to the
office of Attorney A. L. Drury, who
was retained for the estate.
Attorneys Match Wits.
The legal routine was frightened
up considerably for the reporters and
others by repeated tits between At
torney Roy S. Stephenson, who was
appearing for Mungen, and Attorney
Thomas M. Carney, ST., of Racine, who
was handling the interests of DR.. Ton
ar and who was questioning Mungen.
Attorney Carney kept up rapid
fire of questions while Attorney Steph-
enson shot objection after objection
INTO the record. At one time Carney
was forced to ask the same question
five different ways before he could
elicit a monosyllable answer from the
witness.
Both men who had purchased" the
farm had made deposits, it was point
I'd cut DR.. Achen had made the mi
,ial payment with an automobile de
ivered to Mupgen, while DR.. Toner
mad paid $1,000 in cash to the Flasch
people.
In his action for the specific full
illment of a contract, DR.. Toner has
named Raymond Flasch as executor
If the estate, the Flasch Real Estate
and Insurance company, Mungen, and
Or. Achen.
DIR. Achen is represented by c. E.
Randall and Richard P. Cavanagh of |
he firm Of Randall, Cavanagh and !
while Ahlgrumm and Pru-
lent of Racine represent the Flasch |
people.
Cotton mills are to be established |
n India, the machinery for which will |