It was alleged by the defendants, a number of farmers, that their names were secured in a book, by reason of representations made by an agent of the horse importer that they were signing a call for a meeting of farmers to consider the matter of buying a stallion for $5,000, and that when twenty names were secured a meeting would be called.
The names were secured and the meeting called, but instead of being asked to consider the matter of buying the horse the signers were informed that they had already agreed to buy the horse and jointly and severally pay $5,000 for him in four equal yearly payments, the first payment to be in two years, with six per cent. interest on all payments. In a proof of this it was shown that a brief contract in small type was printed at the top of the page of the book in which the names were signed which bound the signers as alleged. Upon this revelation the meeting became the opposite of one called to consider the purchase of the horse, as may be readily imagined.
The evidence shows that the defendants either did not know there was any printing matter on the page they signed, or if they did see it did not read it, and were told by the agent that it had nothing to do with the matter under consideration, or to be exact, one farmer testified: “I looked the thing over: I noticed this contract at the head of it and I asked what that fine print was there. He (the agent) said that it was an Iowa contract and did not cut any figure in this State.” Another explanation was testified to by another witness, quoted further on. Some witnesses testified that a broad rubber band or a turned leaf concealed the contract. The agent testified that he did not call any of the defendants’ attention to the contract, didn’t know if they saw it, but “supposed they did, for they had the book in their hands.”
All the defendants testified that they would not have signed the book if they had known the contract was there. Regarding the matter of what the meeting was to be called for, one farmer testified as follows, and he was corroborated by the other witnesses for the defense, and by at least one witness for the plaintiffs:
“Question: State what that conversation was, what he (the agent) said and what you said.”
“Answer: He told me he was trying to sell a horse and wanted me to sign a book. I asked the object of signing the book and he said it was just to call a meeting and get the men together and see if they would buy the horse. I asked him why he wanted our names on the book if he just wanted to call a meeting, why didn’t he call it without our names on the book? Well, he says, you fellows are strangers to me, your names are unfamiliar and I want a list of them so that I will know who to notify when I get ready to call a meeting, or else, he says, I may forget some of you who would like a share in that horse. Then I asked if there was anything binding about the book. I saw some printed matter and asked him what that was and he said there was nothing binding about it. I asked him what it was and what it was there for. He said it was just a memorandum showing that the meeting was called for, and the meeting would be to make a proposition to us to sell the horse and if we seen fit to buy the horse, well and good. If not, he said he would be out so much time and no harm done. That is the sum and substance of the conversation we had until I signed the book.”
It seems clear enough that the defendants believed they were simply signing a call for a meeting to consider the subject of forming a company to buy the horse; at any rate the case seemed so clear to Judge Carland that he did not seriously consider the question of compelling the farmers to give their notes as demanded by the plaintiffs, and threw the case out of court.
Horse Peddlers’ Confessions.
A peddler is a horse sharper who buys a cheap stallion of questionable quality, soundness, prepotency or breeding, from some large horse dealing firm, and then organizes a company of farmers for his purchase at a handsome profit. The tricks of such men are many and shady, and a few of them are here quoted for the benefit of farmers, who being thus forewarned, should in future be forearmed against the wiles of these glib-tongued confidence men.
The “Farm, Stock and Home” vouches for the truth of the following personal confession of a stallion peddler: