Event Person

Micklethwait Family Refuses To Sell Land; $150,000 Damage Suit Follows

“As an aftermath of a real estate deal involving forty acres of valuable land belonging to Mr. and Mrs. William Micklethwait, two suits were filed yesterday in common pleas court, one for $150,000 damaged, and another for $1950, which, the Bierly Realty Company claims is due them as commission for the sale of lance which, they claim, they made to Charles V Wertz and Ronald C Spangler. Wertz and Spangler are plaintiffs in the suit for $150,000.”

“The large damage suit, filed through Attorneys BF Kimble and Edgar G Millar, names William G Micklethwait and Abigail Micklethwait, his wife; William D Micklethwait, Dessie M Micklethwait, Joseph T Micklethwait, Virginia Micklethwait, Oscar R Micklethwait, Laura A Micklethwait, Louise Marshal and Leon G Marshal as defendants.”

“The plaintiffs, in their petition, aver that they purchased the land from the Bierly Realty Company, a firm composed of Charles W Bierly and Joseph Switalski, who were empowered by the owners, William Micklethwait and wife, to sell the land.”

“They agreed to purchase the property, the plaintiffs say, at a price of $65,000.00, and paid down $5,000.00 of this amount to bind the deal, entering into a written contract with the real estate men to purchase.”

“After the deal had been closed, the plaintiffs charge, William D Micklethwait, Joseph T Micklethwait, Oscar R Micklethwait, and Mrs. Louise Marshal, children of the defendant owners, persuaded their parents to deed the land in question over to them. The plaintiffs charge the children with conspiracy to prevent the sale of the land, and the plaintiff’s wives and husband are named because of a dower interest in the land, alleging that they knew, at the time they persuaded their parents to deed the property over to them, that the land was under contract for sale by the Bierly Realty Company.”

“Because of the fact that they have been unable to purchase and secure possession of the land, the plaintiffs set forth in their petition, they have been deprived of the profits of the sale of the property as a real estate subdivision which, they claim would have been much greater than the original price they were to pay to the owners.”

“Therefore, they pray the court for $150,000 damages, claiming that this amount will compensate them for the amount they lost by the deal terminating as it did.”

“It is understood that while one partner in the Bierly Realty Company had sold the land to Wertz and Spangler, another of the partners present the proposition of sale to Samuel B Timmonds whose lands on the Hilltop adjoin the Micklethwait property at one point. This sale, while not completed by written contract as aws the Wertz deal, had reached a stage that Timmonds was willing to purchase the ground.”

“In their suit for commission, the Bierly Realty Company sets forth they are a partnership composed of Joseph L Switalski and Charles W Bierly, doing a general real estate business in Portsmouth.”

“They claim that they entered into contract with William and Abigail Micklethwait, owners of about 40 acres of land situated on the south side of the Boulevard and adjoining the Havecott land whereby they were to have the sole privilege of selling the land, and, if they closed a deal, they were to receive three percent of the purchase price as commission.”

“The plaintiffs claim that they sold the land to Charles V Wertz and Ronald C Spangler at a price of $65,000 and that $5,000 was paid to bind the deal.”

“After the deal was closed, the plaintiffs aver, the defendants went back on their contract, refusing to pay the $1950 commission which, they claim, is due them. This suit was filed through Attorney BF Kimble.”1

  1. Micklethwait Family Refuses To Sell Land; $150,000 Damage Suit Follows. (1923, May 30). Portsmouth Daily Times, p. 3.