Legal Fight Begun Over Valuable Realty

San Francisco Call, Dec. 23, 1909

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Promoter of Russell City Accused of Breaking Contract

OAKLAND. Dec 21—Taking of testimony in the suit brought by the East Shore and Suburban realty company against Frederick J. Russell, formerly an Oakland attorney, and the Russell City company, was begun today before Judge Wells. The litigation is over land, estimated to be worth $400,000, in a suburban division near Hayward.

The East Shore and Suburban really company alleges that it secured a contract from Russell to sell 250 acres of land In Russell City, which was then for the most part farm land, the provision of the contract being that the land should not be sold at a price less than $2.50 a front foot.

Acting under this contract the East Shore and Suburban company made contracts to sell a great number of lots at a price of $8 a foot. Russell, when he learned of this, abrogated the contract, the East Shore company says, and induced many of the purchasers to refuse to pay.

The East Shore and Suburban realty company is suing for the appointment of a receiver for the business of the Russell City company that the receiver may compel the carrying out of the contract given to the plaintiff. No damages are asked for.

Frederick J. Russell was on the witness stand for a short time today, but proceedings were interrupted by the illness of the son of M. C. Chapman, attorney for the plaintif.

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