Verdict Against Tesla

Wireless Telegraph Inventor, Defeated in Civil Suit Tried at Riverhead, Will Appeal.

(Spcial to the Eagle.)

Riverhead, L. I., May 9 — At the opening of the county court here yesterday afternoon, Judge Jaycox presiding, the action against Nikola Tesla, the well known electrician and wireless telegrapher expert, to recover on a land deal, was the first case tried and Judge Jaycox directed verdict for the plaintiff, Dr. James S. Warden, for $610.97. The defendant put in no testimony, but at the conclusion of plaintiff's case the defendant moved to dismiss the complaint. Judge Jaycox refused, however, and upon plaintiff's motion judgment was directed for him.

From the testimony it was revealed that Mr. Tesla agreed to purchase a tract of land for $25 an acre containing "410 acres more or less." It was shown that Tesla agreed to take an option for two years by paying 4 per cent. on the total purchase price. After he had failed to pay for six months suit was commenced.

The case was tried once before, and at that time, also, a judgment was directed for plaintiff without going to the jury. An appeal was taken to the Appellate Division and the case sent back for a retrial. Upon the first hearing and also upon the one yesterday, defendant contended that the tract by measurement did not contain 410 acres. and even though it did, it was not so stated in his agreement, and he, therefore, could not pay money on a piece of property not knowing definitely how much property there was and consequently, how much money was due on a "more or less" tract.

The piece of property that Tesla wanted to buy is located near his big experimental tower and buildings at Wardenclyffe, L. I. The case will be again appealed.