National Republican., 1875-09-14
THE MARKET-EousR SUIT.
Gen. Buffers Humor in the Case


Gen. Buffers Humor in the Case.
The market-house case was again before the
courts yesterday, on q prayer by Gen. Butler in
the suit of the Washington Market Company vs..
James A. Hoffman and Others asking for an In
terlocutory order for he payment of rents by the
defendants duriag the suit and for security for
damages.
Gen. B. set out the following facts and sgu-
ments In relation to the case:
AsTATKMENT.
Inc company. owning q market building with
alls and stands therein ssld the right to occupy
the same for two years from July l. 1s72 at public
auction, realizing $4,000 therefor; aud the de-
fendants, over two hundred in number, severally
and separately purchased and entered into occu-
psncy Of large number of the stalls and stands,
Towards the close Of the two years term the
company prepared and advertised to sell all
rights TO occupy its stall and stands at auction
for a further term of three years.
This proposed sale the defendants, combining
for that purpose; have prevented BY their in1uno-
tions in the original bill. wherein they claim
perpetual right of occupancy, and have already
delayed such sale for more than one year, with
the certainty Of further delay for at least another
year, and possibly even more.
In case the final decision shall oe against the
dealers claim, the original bill will be dismissed
and the company can proceed with the sale for
Bat 1t cannot sell at suction the right to occupy
during past time, namely, from July L !sI4, ior
has been wrongfully prevented By the defendants
Its only remedy for Its injuries and losses during
this period must be directly against the de-
PENDANTS.
1t may collect from them by sctions at law, as
damages, the value of the use and occupation OF
the stalls which they are bound in any event to
pay, and which may be appropriately measured
by the rent previously paid and interest thereon.
But how, in assessing damages, shall It be de-
termined what the rights to occupy, paying rent,
would'have brought at auction, II the sale had
not been wrongfully delayed and prevented by
They can only be well determined by q court in
equity by that court which has all the case before
it; and for the fixing and collection of these un:
certain damages as we'll as for the collection of
compensation for use and occupation, the court
will retain the original bill, and will allow the
company TO maintain its cross-bill.
In other words, the dealers claim q perpetual
right to occupy, paying rent; and have prevented
since July 1, 1874, and still prevent, the company
from repossessng itself Of its stalls, selling at
auction the rights to occupy.
If their claim is not we'll founded, but their
terms legally ended July /, 1874, they are bound
l. To nay for their use and occupation since
July l, 1874, such sum as may be determined.
2. To pay as further damages for wrongfully
for their false and wrongful suit, at least what
ever loss the company may have sustained by the
prevention and delay after that date Of the sale OF
Both these obligations the company is entitled
to have enforced by this court on cross-bill, be-
j. The dealers have sought equity, and being
now in court on their own motion must do equity,
2 A decree to this effect is necessary to full re-
lief, and an equitable determination of all the
rights of the parties actually before the court
concerning this subject matter.
ANSWER TO OBJECTIONS.
The only opceivable objection deserving the
serious consideration Of the court, that can be
made by the dealers to payment during the liti-
CATION OF compensation for the use and occupation
OF the stalls, measured by the rental fixed by the
market company and the Governor OF the Dis
trict, is, that tuch rental was pot legally fixed
without the concurrence Of the hayor and COM
of he " Of md fa
therefore, proper measure Of compensation.
To this we reply:
the original bill and in the crossbl, the require
ment OF the original charter that the rent should
be fixed by the mayor and common council of
Washington and the directors Of the market COM
pany, was necessarily amended by the act Of Con-
gress, which abolished the mayor and common
council Of Washington without designating any
connection with the fixing of these rents, and
thereafter the directors Of the company could
alone fix the rents; and at all events the concur
renee Of the Governor of the District was q SUM-
cient participation, and the only practicable par
tieipation Of the Washington authorities.
2. As q matter Of fact, the rents having been
fixed by the directors of the company and the
Governor Of the District, and the amount thus
fixed and the manner of fixing them having been
communicated to the Dealers parties to this liti-
CATION, and they having purchased and accepted
stalls at those rents, and having occupied and
paid rent for nearly or quite two years, are es-
topped fren now objectIng to the same.
3. There can be no reasonable suggestion that
the rents are unreasonably high, as Is apparent
from the fact that after the rents were fixed the
rights to occupy for two years at those rents sold
at public auction for about $50, ,000 and that the
whole present controversy between the company
and the dealers arose because the company
claimed the right to resell the rights to occupy
the stalls, and obtain bonuses therefor, over and
above and in addition to the rents which 1t was
and rs sure an auction sale would bring, while the
dealers were willing to continue the rental, and
only objected to o resale for bonuses In addition
to the rent.
l. Even If there be reason to doubt the binding
force and effect upon the dealers defendent, Of
the rentals as fixed, the court will retain the
whole subject under its control until the final
hearing Of the cause, and can require the market
company to refund, If by any posslDlityit 1t appears
that there has been an over-payment-
soNK FUNNY THINGS.
General B. said, In the course of his argument,
that there had been enough ludcrous law deci-
sions made by magistrates in this case to smuse
the court Tor a week.
Tho company had, under the law ofthe District,
to enforce the payment of rent through the ius-
tices Of the peace. On the case coming before
one Justice, the dealers had objected that he
would net do justice, and had removed the case
TO another magistrate, who Immediately dismissed
the suit. That was the kind of Justice they
wanted. lLaughter1 One of the justices had
decided that q stall ian incorporeal heredita-
ment," [laughterl and therefore the company
could not collect rent. He wanted the court to
intervene, stop this nonsense, aud give the COM
what every one admitted WAS due to It.
The case was adjourned until Wednesday.