2.
4. That the plaintiff having entered into the contract mentioned and set forth in the first paragraph of this complaint with the defendants to faithfully do and perform all thing and obligations imposed upon his thereby and to secure for the defendants a purchaser for a portion of the said lands as hereinbefore stated, and said plaintiff having faithfully carried out said contract on his part, and having procured a purchaser for said lands aforesaid, his services in that respect were reasonably worth the sum of Eight Thousand, Nine Hundred and Four ($8,904) Dollars, which is now due and owing to the plaintiff, but which the defendants have refused to pay in whole or in part.
5. That the defendants are each and all of them non-residents of the state of North Carolina and after due diligence cannot be found in the said state and the said defendants have property, as aforesaid, in said state.
6. That the defendants have and own property in the state of North Carolina, to-wit: real estate in the countied [sic] of Rutherford, Polk and Henderson; that the plaintiff has commenced an action in this Court for the recovery of the amounts due him upon the contract and agreement and for the serviced rendered by him as herinbefore set forth.
WHEREFORE the plaintiff prays that he have and recover against the defendants for the sum of Eight Thousand, Nine Hundred and Four ($8,904) Dollars, with interest thereon from the 5th day of September, 1905, for such other and further relief as he may be entitled to be in the premises, and for the costs of this action, to be taxed by the Clerk of this Court.
(Signed) E.B.
Harris,
Attorneys for Plaintiff
State of North Carolina,
County of
E.B.
Harris, the plaintiff above named, being first duly sworn, deposes and
says:
That he has read the
foregoing complaint and knows the contents thereof; that the same is true
of his knowledge, except at tot the matters and things therein stated upon
information and belief and as to those he believes it to be true.
Sworn to and subscribed
before me this the 6th day of June, 1906.
($igned) S.P. Tanner, Dep. Clerk, S.C. (SEAL)
This is a copy of the original.
Summons [handwritten]
)
STATE OF NORTH
CAROLINA* In the
Superior Court
HENDERSON
COUNTY
)
E.B. Harris, Plaintiff,
against
Trustees,
David A. Thompson, George
)
Willet Van Ness and William
) SUMMONS FOR RELIEF
Redmond
Cross,
)
STATE OF NORTH CAROLINA.
To the Sheriff
of Rutherford County- GREETING.
You are hereby commanded to summon David A. Thompson, George Willett Van
Ness and William Redmond Cross, Trustees