, 1872-12-01

e chancery Suit Brought on by the
Recent Row on South Clerk
Street.
a Legal Fight for the Possession of a
New Euilding.

1he unpleasant row described by TIE TRIBUNE
on the 22d instant, as having taken place in ths
new building on the northeast corner Of Clarl
and Monroe streets, has led, Of course, to .
pleasant and orderly little lawsuit. The ecent
or contention is removed from the dusty purlieul
OF tho burnt district to the classic shades of thu
! circuit Court; the contestants hayo been
rescued from the rough grasp Of the Armorg
police, and turned over to the placid conteno.
platlon Of tho law reporter. John c.
Phillips and Nathan H. Buffipeton arc
the plaintiffs in the suit, and D. s. Moore, E. ",
Deyoe, +. Z. Edbrooke, a. G. Mackey. James II.
lace, Clark Il, Raffen, - Elliott, c. A. Jenks,
and =. III. Davies, are the defendants. Plaintiffs
affirm that on the 10Th Of June, 1872, they con.
tractca with the firm Of Moore d Deyoe for the
latter to build them tho house in reference for
the sum Of 533, 600, the work to be completed bv
tho 1st of October last and paid for az follows !:
$4,000 on the completion OF the first floor s5 00o
on tile completion of the second floor, e5.0Oo
when the roof was on, $1,000 on the compile
ton Of the plastering, and $4,000 on
tne 4 ipoilding being finished to the satisfaction
OF the Superintendent, and the signature Of a
certificate to that effect. The first three paw
ments Of $4,000 each were duly made as tie
building progressed, but the plaintiffs declined
maklng the fourth until IN agreement had been
OF the building by the date specified, in consc-
qucnce of which plaintiffs allego that they sus-
Ia'ned heaVy damages, particularly by the loss Of
the rents of the stores and Offices, the work not
being finished, in fact, until the 22d of Noyem-
be7 at which time about $4,000 Of the whole
unpaid balance WIS found to be due to sub
contractors, forming lien on tho property.
end plaintiffs refused to settle with tie
contractors until such liens were removed and
settlement arrived at as to damages for non
fulflImAnt nf Ccnfrrcf IN In G1ef -
Der Moore Il Devoe fled petition for mechan-
les lien on tho building for the sum of s19. .I8C.
at which time plaintihs had made the following
leases; : 70 Augustus Dickinson, part of base
me1tt, Tor ~ years, for the sum Of $4,000, the
whole OF which is paid, and the lessee entitled
to immediate possession; one store fronting IN
Clark street to William Cuthbert for % wears for
Sl5, GOO, $1,000 Of which has been paid, the re-
Iu: mander being ready to be paid as soon as pos
session IS given; two stores fronting on Monroe
street to Mcguire Brothers for 311 years
at ~ 0oo Per anuun1, Possession to be given on
the 15th OF November; a store fronting On CLARK
street to h1. Gilbert, for years, at $500 per
story to Mrs. Phelps, for year from the lat Of
May next, ct 81 200 per annum; Ii Offices ia |
the second and third stories at an arcragate
rental Of s3, 200 per annum to different tenants,
son This being the state Of affairs On the 9ist
OF November, and written acceptance Of the
building having boen sent to Moore Il
Doyoe, the various tenants were mott |
fed to take possession Of their different
locations, when Moore and Devoe's adherents
we're found drawn up in fighting order, behind
parcades prepared to give battle to such rash
Eenement. The particulars of the non-fatal
fray have been sung by the gentlemanly trouba~
dours of The TRIBUNE, and the bleed}pe nose
Of martyred policeman was promptly immoro nor
;alized by our night reporter, to whone care all
such little affairs are confded. It viii be- re-
nembered that the garrison capitulated WITH ii tha
1onors OF war to the police, and I
sas duly put under bonds and
lllowed to roam again amonr IKE tha
yilds Of the burned district. It was tFoueht eIG
lat the affair would end there, as q matter Of
ourso; but it did not: it appears from The nat;. r.
ion now being disaeoted that the barricades have
ever !t been removed that shoulder to shoulder l
=. ne garrison still deties the firm of Phillips &
5ut1ington, and all their 1essees, Wharo3fore
etitioners pray en- Injunction restraining ths,
artles named from farther interfering with the
o5session of the building, directing an acco'1nt
bo taken, and requesting that the usual rema.
les IN the gilt of chancery be applied. 1N'''''