The journal. (Caldwell, Ohio) 1934-1961, 1955-04-28

defendant, Elsie Kirchner and
Pearl Ullman to sign various
| papers upon their assurance that
plaintiff was safe in trusting all
business matters to them where
upon plaintiff complied with
said requests without knowing,
asking or being informed on
many cases by said defendant,
the contents thereof. Defendants.
Elsie Kirchner and Pearl Ullman
have paid certain small debts of
| plaintiff over a period of
approximately the past eight (8)
years, only after much urging
on the part of plaintiff. Said
sums so paid are hereinafter set
out.
THAT on the oath day of
March, 1888 plaintiff conveyed
by deed to defendant, Blaine
Ullman, his undivided one-third
| "a interest in Lot No forty
three (43), east one half (12)
of Lot No forty-tWo (42) and
fractional Lot No. forty-four (44)
in the John c. Werneke Addition
to the town of Harriettsville,
Ohio, which comprised the store
room and merchandise above
referred to. Said deed is of
record in Recorders Office of
this County Vol. 81, page six (6)
Of the deed records; that said
conveyance was made by plain
tiff at the request of defendant,
Elsie Kirchner and Pearl Ull-
man; that no accounting has
been made to plaintiff by the
last referred to defendants for
any proceeds derived from said
transaction.
"Plaintiff further says he has
not received from said defendant
sisters and defendant, Blaine
Ullman, an accounting Of the
sale of stock of goods and mer-
chandise Of said general store or
the premises on which it was
situated; nor from the defendant,
sisters an accounting for the
livestock and equipment on said
farm and the timber cut and
sold by said defendants without
the knowledge Of plaintiff or
for what sum the same was sold;
that said defendant sisters have
received payment for royalties
for oil shipped by defendant,
The Buckeye Pipe Line Com
pany, the amounts Of which
plaintiff does not know although
said defendants have requested
by plaintiff at various times to
divulge same; said defendant
sisters have received gas royal
ties, the amounts Of which plain
tiff does not know and which
amounts said defendants have
refused to advise plaintiff; that
certain sums in damages have
been paid said defendant sisters
for bottom land in said farm for
highway Improvements, such
sum plaintiff does not know. No
part of the sale price, earnings
or profits from the above items
have been paid plaintiff.
Plaintiff says that there is
under said farm a valuable and
extensive vein of coal which is
now being developed by the
open pit method by the defend
ant, Harris Industries, Inc,
which said defendant company
has and is now removing and
mining coal therefrom and that
defendants, Elsie Kirchner and
Pearl Ullman have received the
sum of Ten Thousand (l0,00000)
Dollars as advance royalties, no
part of which has been paid to
plaintiff. Said coal and mineral
rights were leased to this defen-
dant corporation by said Charles
Kirchner and Elsie Kirchner on
August Is, 1883
THAT at various times said
defendant sisters have paid GER
tain bills for plaintiff from his
share of said estates and upon
occasions presented him with
cash. The following is an item
lied list Of such sums of which
plaintiff has record, although
other small advances may have
been made:
Year 1886 - $4,000 by Pearl
Ullman; Year 1939-$10O0O by
Elsie Kirchner; 10i25i47-$250.00
payment of note at Farmers &
Merchants Bldg, Caldwell, Ohio;
12I23I47-$238,00 payments on
note; 100000 for current debts;
$78.68 cash; $3.50 - $4,000;
1i25I51 - $4,000; 4il5I5l $500;
1Oi8i5I-$91.6 so; 10I8I51 $14460;
or total of $4,47788.
That sometime during the year
1886, defendant, Pearl Ullman,
at the request of plaintiff, gave
him approximately Thirteen
Hundred l300.0O) Dollars for
the purpose of buying a certain
building in the Town of Cald-
we'll, at which time defendant,
Pearl Ullman, asked plaintiff to
sign certain papers, which plain
tiff signed; that plaintiff did not
know the contents of said sign