The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1897-11-17

1898, Mary Mullln and Della Mullin
both unmarried, were owners in com.
mon of six acres of land situated in the
village of Wellington, Lorain, County
Ohio, described in the plaintiffs petit
ton, and that the Warwick Electric
Manufacturing Company was Q corpor-
alton duly organized under the laws Of
the State OF Ohio. for manufacturing
purposes.
2nd.-It finds that the Warwick
Electric Manufacturing Company act
ing through its president, attorney and
general manager, Cunningham, on that
day executed a contract for the acqui-
sition, by purchase, Of the six acres
aforesaid for the SIM of thirteen hun
dred dollars ($19OO.) } to be paid on Aug
ust:4th, 1893, and procured its execution
by Mary Mullin. and procured its
further execution by Mary Mullin as
agent for Della Mullin. It finds that,
it was provided by said contract that
unless The Warwick Electric Manufac-
turing Company should pay the con.
sideration of $4,000 on August 4th,
then at the option Of the venders the
same should become void and Of no
effect Said contract was duly wit
messed and recorded in the miscellan-
eous records of said county, and said
contract was ratified by said Warwick
Company.
3rd.-It finds that Immediately after
the execution OF said contract The
Warwick Electric Manufacturing Com
pany entered into possession of said
premises and proceeded to improve
the same by the erection thereon of ex-
pensive buildings, by the excavation
thereon of large pond on the line of a
water-course running across the said
premises, and by the fitting up of the
buildings for the purpose of producing
and selling electricity. 1t finds that
Mary Mullin had in fact no authority
whatsoever from her sister, Della Null
lin, to make anv contract for the sale
of the premises aforesaid, and that
Della Mullin never. in any way ratified
or confirmed the contract which her
sister Mary had so attempted to make
for her, but that she disaffirmed it. 1t
finds that said Mary Mullin was ad-
judged insane on June 1S, 1895, and
that on the 18th day Of August, 1898.
Della Mullin was appointed guardian
of Mary Mullin. Shortly after August
4th, 1895, Cunningham, the president,
general manager and attorney of, The
Warwick Manufacturing Company,
was informed BY Tilden, the agent of
Della Mullin and Della Mullin, guard
ian of Mary Mullin, that the contract
Of May 3rd, 1897, was binding on
neither of them !; was void under the
option; that said Cunningham there.
after on behalf of the said company,
solicited from Della Mullin the sale of
the premises aforesaid to The Warwick
Electric Manufacturing Company, and
that verbal agreement was entered
into between them subject to the ap-
proval of the probate court for the con-
veyance of the undivided half interest
of Mary Mullin, then insane, for the
sum of 81 10000, and Of Delia's half for
like sum. 1t finds that Della Mullin
had been appointed guardian of Mary
Mullin, her sister, by the probate court
OF Lorain County, and was authorized
by the probate court to sell the un-
divided half interest owned by Mary
Mullin in the premises. Della Mullin
as guardian, reported to the court a
few days later that she had sold this
undivided half to The Warwick Elec-
tic Manufacturing Company for $1,000.
1t finds that Immediately thereafter,
one Tilden, acting on behalf of Della
Mullin, rendered to The Warwick Elec-
trio Manufacturing Company, the deed
Of Della Mullin and the deed Of
Della Mullin as guardian of Mary
Mullin, for the premises, and demand
ed payment Of the $4,000, which was
refused.
4th.-It finds that no possession was
ever taken under said contract and no
claim is made under it by any of the
parties hereto. 1t finds that Della
Mullin did not SO conduct herself at
any time as to mislead any of the
parties hereto. 1t finds that on the
22nd day of December, 1895, on the ap-
plication of an unsecured creditor OF
The Warwick Electric Manufacturing
Company, the common pleas court oi
Cuyahoga County, Ohio, appointed w,
]. Hart receiver for the said company
Said receiver Immediately took posses.
sion of the premises aforesaid; that he
has ever since held the same in his
custody; that acting upon the orders
of the court that appointed him, he
operated said electric light plant, and
that said court ordered him to issue
receivers certificates with which tC
pay claims for help in operation there
of; that large amount of said certifi
Gates were issued to the amount o
about $ll58.88. That liabilities hay,