Show Capitalists Face Pace Suit for Suit for was pending against James B. B Smith Mortime ant and Herbert Fleish hacker lacker San Francisco Francsco capitalists Saturday in Third district court Th The action acton was filed fed by Serge F. F Ball Ballif Fr Jr former vice president of the Royal Roya Coal company Mr r. r Ballif alleges the defendants agreed on September 12 1929 to pu purchase purchase pur- pur chase all al of the tho outstanding stock o othe of the coal company and take over its control for The complaint complain asserts payments were to be made in Instalments o of with the first firs instalment due on delivery delvery of th the the stock and the others on March 3 30 1930 September 30 1930 and March Marc 30 1931 The first three payments were made mad in m full according to the complaint complain But only was paid on th the final inal instalment it i is alleged Mr Ba Bl Bal Bal- lit lif l seeks to recover the remainder o othe of the final instalment plus interest anc and attorneys' attorneys fees fee I |