The Portland daily press., 1895-08-10
Mr.. GOES BARGAIN,
He Supposed 1t Was All Made, and that He
would Soon Possess the Pine Street Lot
but the City Declines to Give the Deed.

An interesting case is soon to come up
IN relation to the lot of land which MIR.
Harrle b. Coe is attempting to buy OF
the Guy. Mr. Coe had apparently closed
the trade when some of the owners OF ad-
joining property interposed and offered
more Than Mr.. Coe had offered. 80 the
clUy trled to retrace it's steps; but hlr.
Coe does not propose to allow this and
has brought bill in equity. In this Dill
Harrle B. Coo complains against the City
OF Portland that on May 10, 1898, the
clty, through the committee on the sale
OF unlmproved real estate agreed to sell
to him the lot of land on the southerly
side, OF Pine street, at the corner OF where
the easterly side line of Chadwick street,
produced southerly, intersects the south
erly side line of Pine street This lot con-
talns about 5000 square feet Mr.. Coe
agreed to pay sixty cents square foot,
one fourth in twenty days and the re-
mainder in two years with interest.
After said purchase price should be paid
the City of Portland was to execute a
good and sufficient deed of the land to
Mr.. Coe.
This agreement was signed by Edward
l.. Smith, Charles e. Snow, G. j.
Mcdonald, and Edward buddy, commit
tee on unimproved real estate, and is
sealed with the city seal.
On the fifth day of June Mr.. Coe called
on City Treasurer Libby to make the first
payment, of $S2S. A, and later in the day
he also rendered 50, 4S5. 80, the balance OF
the purchase money, and demanded his
deed
| Mr.. Libby refused to give the deed or
accept the money.
| Thereupon Mr. Coe brought bill in
equity against the city, Payson, Virgin
& Davis being his attorneys. When he
filed this bill in equity he also deposited
with the Clerk of Courts over three
thousand dollars, as tender for the land.
/ The City of Portland now makes
answer through City Solicitor Chapman.
This answer is that a certain agreement,
substantially as set out in complainant
bill was signed by the persons named
therein, pretending to act as the commit
tee on sale OF unimproved real estate il
behalf of the city, but the city says that
the only authority these persons had tc
execute the agreement was a certain ordel
passed by the City council of the city .ol
Portland May, 9th, 1895, approved by
James P. Baxter, mayor, May 18th, 1896
to the effect that the committee on unim
| proved real estate be and were thereby
| authorized to dispose of all right: title
and interest which the city of Portland
had in theslot of land described in com
plainant's bill, at a price not less than a.
the rate of sixty cents per square foot, OF
the terms therein named, viz, one quar-
ter to be paid within thirty days, and th'
balance within two years, with interest
And the city says that the persons wht
signed the agreement did not act as tn,
committee in behalf of the defendan
city, but signed it individually at tn,
solicitation of the complai nant. Ant
for further answer the defendant cit,
says that the agreement is not within tn
authority of the order. The defendan
admits that tender, substantially as Ise
out in complainant's 8 bill, was made t.
George II. Libby, treasurer of the city
but says that said George Fl. Libby wa
not authorized to make or deliver, or re
fuse to make or deliver to the com
plainant good and sufficient deed, an
that said alleged tender was of no avail
lost Paradisef at McCallum,s theatr