The sun., 1873-04-25
GREAT ACrOR,S LAWSUIr.
MIR. Fechter Dcmaudin Damages from the
Bankerr, Duncan, sherman & Gothic
Money Lost In the French Theatre.

Charles Fechter the well-known actor,
has sued william Watts Sherman, of Duncan,
Sherman Co., for si12.O0o DAMAGES for alleged
breach OF contract on the part of Mr.. sherman
| In connection with the purchase from him by
Mr.. Fechter OF the French Theatre In Four
teenth street. Mr.. Fechter says that written
agreement was entered into between himself
and Mr.. Sherman on the 25th of July, 1871,
whereby the latter agreed to sell the theatre to
him for $4,000, $4,000 being In mortgages upon
the premises, and for the remaining $4,000 Mr..
Fechter was to give a bond and MORTGAGE pro-
ybd,nR Tor the payment OF t26DO on July 2
1873, and t25.0D0 on July 25, 1874 Mr.. Fechter
was to expend at least $4,000 In permanent i'm
provements within six months, AMI was to take
measures to become citizen of the United
states, so as to become qualified - hold land.
In June, 1872, a further agreement was entered
into whereby Mr. Fecbter was to give mortgages
to secure to Mr.. Sherman t6O,9O4, which he
to expend In completing the repairs and altera-
tons upon the theatre.
GOLDEN PROMISES.
Then In October, 1872, Mr.. sherman further
agreed TO finish the alterations then In process
by the 18th of November following and TO nt up
and furnish the theatre with all such scenery,
costumes, dresses, furniture, upholstery, and
%app2intments % as n Mr.; shermans judgment
duce In becoming style the play that Mr.. Fechter
had agreed to, produce during the season then
AZ Grst-class institution. Mr.. sherman was TO
appoint treasurer, who to receive and pay
manager and proprlctor,and to take public part I'm
the plays to he performed, ard &, have si,bO0
per month for his personal use until the legal
title became mis-. Two-thirds OF the net profits
were to be allowed to accumulate until they
amounted to $4,000, when IL was to he applied
To the payment Of advances. decd was then
TO be given to MIR. Eochter.
SHATTERED HOPES.
II is claimed by Mr.. Fechter that time was the
essence Of the contract, and that while he per-
formed all the conditions on his part. Mr.. Sher-
man failed to finish tine alterations aud Improve
mcnts agreed upon, and to furnish the theatre
with proper scenery, so as to enable Mr. Fechter
70 open IL and produce the contemplated plays.
Mr.. feohter says he was not allowed To- mairige
the theatre in his own name that on the 18th OF
March last Mr. Sherman refused TO allow Mr..
Fechtcr to enter the theatre. He says he ex-
pended uDon IL. under the agreement. up to
November last, sO5UuO: that he was thrown out
Of employment by Mr.. Sherman's default. and
lost thereby $4,000; that he paid $4,000 in sal
aries that he devoted his time, care. and talents
to the alterations and repairs, preventing his
He also says he lost $4,000 in losing the lnven-
tions and contrlvances put In the building, upon
which he brought 10 bear the knowledge and
experience Of twenty years. lie had intended
" erect q model theatre, different from any
other, and entirely new In It's essC ntial appoint
ments and workings. He claimed also that by
r. son Of this breach of contract he has been
injured In his good name, fame, and reputation
as an actor to the extent Of $500.
Mr.. Sherman being "a resident Of London, an
order was granted yesterday for service by pub
lication. An order of attachment has also Oeon
granted, the undertaking being $1,000.