The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-05-26

| OeOfpe L. DJi0, through MS eltoiu cys
! ". E Stanley, has filed demurrer IN the
district court to the petition OF Ben
! Aldrich who, it will be remembered,
| brought suit recently against Jacob Doid
aud George p. Dold for dam ges laid at
| So, 000. The demurrer simply States that
the petition does not state sufficient
grounds for Cause Of action.
/ The basis of the suit brought By Ben
| Aldrich is embraced in the following por-
ton of his petition:
THAT on the sth day OF November. 1887.
| said real estate was of the reasonable and
| fair market value of S135,000.
THAT OH the said Sth day OF November,
/ 1857 The plaintiff with the intention and
| Tor the purpose Of maintaining the value
OF the prop-rty at the figure above mea-
toned entered Into contract in writing
l with the defendant s, whereby the de-
/ PENDANTS agreed 10 erect, maint ain aud Op-
crate large manufacturing enterprise and
institution towit: packing house estab-
! Hshment to be Of sufficient capacity to
Kill 600 hogs per day also of sufficient
/ capacity to kill large number of cattle,
calves and sheep per day in addition to
such capacity to kill the 1000 hogs per day
as above stated. Such establishment TO
| b. equipped with all the modern appii-
| ances anda machinery which are usually
/ found in such establishments throughout
the civilized world aud III addition thereto
all appliances OF the latest invention
which can be used in such an establish
ment. Such estab .ishm-nt to be erected,
maintained aud operated at and within
the city OF Wichita, Kansas.
That said agreement specified certain
thlngS.tO be done and carried out by the
plaintiff as condition precedens to the
things therein mentioned by the defendant
to be performed. All of which things in
said contract mentioned by the plsintiff 20
be done and performed, the plaintiff has
duly done, performed and carried out.
That the real and ouiy consideration to
the plaintiff for entering into the said
agreement was the maintaining the yalus
of the said real estate herein mentioned at
the price or value herein mentioned.
''rhat notwithsi adding the full and
complete performance by the plaintiff Of
all the multifarious conditions mentioned
in said contract or agreement by the
plaintiff TO b, performed, the defendants
have failed aud refused to perform the
things therein mentioned OF their part to
be performed, or any OF the things therein
mentioned by them to be done or per-
formed, and have failed totally TO operate
the said establishment as specified in the
said agreement.
THAT ii defendants had fully performed
all of the things aud conditions in said
contract or agreement by them to be done
or performed the value of said real estate
would have besu maintained at said value.
THAT the defendants for the direct pur-
pose Of violating said agreement and in
juring the plaintiff in the premises have
entered into the agreement with various
parties in the city of Kansas City, and
otherwise, the defendants receiving large
considerations therefor, by the terms of
which the defendants were to violate the
terms of the said agreement aud were to
abstain from operating the said establish
ment, and that the defendants in pursu-
ance OF such agreement did violate the
said agreement with the plaintiff herein.
That by reason of the failure of the de-
PENDANTS To perform the stlpulations men
toned in the said agreement hereto at
tached on their part to be performed the
real estate herein mentioned has depre-
ciated IN value while owned by the
plaintiff herein in the sum OF 81, 0C0, aud
that the plaintiff has been damaged by
reason thereof in the sum Of S.. 900, all by
the gross negligence of the defendants as
herein stated"
Mr.. Stanley was not at home when a re-
porter for the EAGLE called yesterday af-
ternoon, and Mir. Burns declined to state
the specific reasons for the demurrer say
ing that it would not be good policy for a
lawyer TO expose his hand to an oppo-
nett.
Nv Firebsugh said he heard that de-
murer had been fled and understood that
Dod's defense is that the damages are too
remote. He said that Mr.. Stan
ley lad only one decision that
he could possibly use in defense
of his demurrer ana that is to be found in
the Fifteenth Kansas. He said that when
he drew the petition for Mr.. Aldrich, he
WAS fully aware of that decision for it was
lying before him mt that time. Mr.. Fire
baugh seems confident that Judge Reed
will override the demurrer when it is AT
gued which will probably be next week.
In the meantime Jacob Dold has never
been served with papers in the Case be
has;not come into the state since and service
can't lie IN AIDE in q case of this character
by publication.