The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1897-09-08
ELECTRIC LIGHTS.
JUDGE NYE'S DECISION AS TO
STANDING OF THE WAR
WICK CREDITORS.
History of the Case. The Real Estate Con-
tract. What the HOrr Brothers
Purchased, Authorities
Cited.

chanic's lien. The plaintiff claims that
it furnished certain electrical appliances
for the defendant, The Warwick Elect
ric Mfg. Co., to build its plant at Well
ingtOn, Ohio. There are about As defen-
dants in this case, each of which claims
a lien upon this property, and the ques-
tiOn of these mechanics liens has been
submitted to me, with other questions:
and | am Of the opinion that the
questions for me to decide are
ciph red down to a few legal ques-
tions and a few questions of facts,
and / will not undertake in my decision
to go into details of each particular
claim, but state generally the cOnclu-
sions of law and facts that l have arriv-
ed at in deciding the case.
The history Of this case shows that
some time in May, 1896, the defendent,
The Warwick Electric Mfg, Co. went to
Wellington for the purpose of erecting
an electric light plant. After some ne
gotiations, it fond pit ce Of land belong
ing to Mary Mullin and Della Mullin, at
what will call the south angle Of the
intersection Of the Big -Four Railroad
and the Wheeling & Lake Erie Railroad.
Mr.. Cunningham, the president of the
company, Mr.. Haskell an attorney, and
Mr.. S. S. Warner went down to see Mary
Mullin with reference to making con-
tract for the purchase Of this land.
A contract was drawn up and Mary
Mullin signed the contract, selling the
Warwick Electric Mfg. Co., about six
acres Of land.
Della Mullin was living at Vermillion.
Mary and Della were sisters. Mary Null
lin signed the contract for herself and
she also signed it as agent for her sister
Della. The consideration was 1900.
There is no proof showing Mary Null
lin at the time she signed this contract
had any authority from her sister to sign
it, and whatever right is claimed under
this contract by virtue of her signing
for Della, is claimed by reason of her
acGqiescence or approval of the contract
afterwards.
Inasmuch as this contract OF sale Of
this land is one Of the principal features
in this case. ought to say further, thai
after signing of the contract by Mary
she went Immediately to VermilliOn
where her sister was, and notified he1
sister what she had done. Her sister
enquired where the contract was, an(
Mary said that she had not got copy ol
ii, but that it was left with Mr.. Haskell
Della Immediately went to Wellington
to look up the contract and went to Mr.
Haskell's office, but did not find hin
there.
After the building and electric plan
was erected upon this property, Mr.. c.
W. Horr and N. T. HOrr, negotiated with
these two girls and bought this property
In the meantime Mary had become
insane and had been taken to the asylum
Della had been appointed her guardian
The HOrrs made contract with Delis
by which they gave her $1,000 for thii
property.
Della got an order of the probate court
to sell Mary's part for $1,000 and Della
deeds her interest for 81, 800 to the HOrrs
The HOrrs claim that the purchas'
price never having been paid or rendered
by The Warwick Electric Mfg, thai
they are entitled to an order Of thi'
court quieting title to this property.
The other parties have furnished tn,
material to the extent of about $500
and claim mechanics liens upon this
property to the extent of nearly $1,000
and that all the Horrs are entitled to, il
the interest which the Mullin girls had
which is the payment of this 81 300 fOl
this property, and these are among thu
questions l am to determine in this case
Now, the proof in this case show
as soon as The Warwick Electri,
Mfg. Co., gOt.this land contracted fO
it went on to make contracts for tn,
building of this Electric plant, and tn,
proof further shows that it and Othe
parties have put upon this property il
the neighborhOOd of $4,000 for build
ings, and constructing large reservoir
putting in machinery and putting VI
poles and wires through the village o
Wellington.
The Horrs claim that this should b
forfeited to them. And it is also elaine,
that Della not having signed this con
tract never was bound by it.
The proof in this case shows Deli
went almost Immediately to Cleveland
and while there she had talk with Mr.
S. S. Warner. Mr.. Warner while he |
unable to say exactly what she SAT-
about the contract, says she made n
objection to it, and from appearance
acquiesced in the contract her sister ha
made for the sale Of this land.
She had talk with Mr.. G. L. Couch o.
the streets Of Wellington after this, an
she asked Mr.. Couch If he thought thi
man Cunningham would ever get tn
money to pay her for this contract, an
Mr.. Couch laughingly said: 'If you ha
not oalyad on hio, nriao FOR tho land @