St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-02-17
SELLING AN OPERA HOUSE.
Agent and Purchaser Sue the
Davidson Estate.

Mark D. Flower filed a suit against
the Davidson estate yesterday, in which
he asks $4,000 as commission for the sale
of the opera house property to Lolita Nj.
Crabtree. He states that in March,
1888, he entered into verbal agree
ment with the executors of the estate
that he should make efforts to sell the
property and would receive $1,000 if the
sale was made at $l42, 500. In July,
1888, the contract was made in writing,
and the time eXtendedin which to find a
purchaser. Sept. 10. the actress Lolita nj.
Crabtree was. introduced by him to the
managers of the estate, and purchased
the property at Si42,500, paying $1,000
as earnest money upon the sale, and
entering into contract to bind
the same. She was accepted as
Irresponsible and satisfactory purchaser.
and contract whereby she should pay,
$4,000 upon the delivery of the deed,
and the balance in one year. was signed
Plaintiff claims that the sale was thus
consummated as far as he was con-
ccrned, and therefore asks for the 5000
commission which has been refused by
the defendant.
Another chapter was added to the
controversy regarding the opera house
deal by the answer OF Lolita, which was
filed Yesterday. Executors of the David
son estate brought suit to compel the
actress to fulfill her contract by paying a
balance of S95, 900 and the delivery Of a
note and mortgage for $42. 500, making
the total consideration S142, 800. In her
answer defendant admits that in Sep
tember she executed a contract agree
ing to pay the plaintiff 100000 on de-
livery of the deed of conveyance, the
note and mortgage for $40, 500, and paid
$1,000 cash on account. She denies that
the plaintiff delivered the abstract of
title before Sept. 10, in fact not until
Sept. Is, and did not report the title
good.
Another point alleged is that the bill
boards located in various parts of the
CITY. regarded as indispensable to the
success of tho opera house, the said
boards being valued at 81, 500, were not
turned over to the defendant, and that
as a matter Of fact the defendant had no
power or authority to execute or con-
tract for sale of said bill boards.
Oct. 1 the defendant withdrew from
contract. giving plaintiff proper notice,
and since that date has had no commu
nicatIon whatever with the plaintiff re-
earding the sale. Said contract is rem
dered void under the law by the reason
that the parties subscribing to the
contract, Ed E. Davidson and Andrew
Delaney, were not authorized to do so,
and also by the reason that they falsely
represented that they owned half in
tereSt in the bill boards and bill-poSting
business. The defendant AYERS that she
is now, and has at all times been, ready
and willing to fulfill her part OF the
contract if the plaintiffs will fulfill their
part. The defendant believes that the
plaintiff has not good title to the ease
ment in the Grand ana Court blocks,
and that the Economy Steam Heat COM
pany was i'll January. 1888. granted the
privilege of erecting and maintaining a
smokestack by the plaintiff in the right
of way at the Fourth street entrance to
the opera house. Defendant also be-
lieves that the destruction of the opera
house was due to carelcssness, and neg
ligence on tho part of the plaintiff. On
these grounds sic a5.fs to .ias<e the suit
diSuiisSeG.