The Providence news. (Providence [R.I.]) 1891-1906, 1899-11-18
NOVEL suit
UNDER A LEASE
JewoIry Firm Claims Il is En-
titled 10 Air and Steam.
WERE FURNISHED FOR A TIME.
Then Were Cut Off When The Firm Refused
TO Pay Additional Rent
NO PROVISION MADE IN THE LEASE.
Defendant Gains That ihs Lessons Arc Entitled
0nJ 10 What IS Spoiled I:waIefs Give
Testimony as 10 Custom.
Then Were Cut Of When The Firm Refused
10 Pay Additional Rent.
NO PROVISION MADE IN THE LEASE.

A question OF a good deal Of interest
to manufacturing jewelers. came up be-
fore Judge stiness in the appellate
| court this morning. 1t was whether a
mandatory injunction will issue TO COM
pei landlord to furnish direct steam
and wind 70 a manufacturer where
there is no mention of those necessa-
ries In the lease under which the lessor
holds the premises, it being claimed
that Ii Is the custom OF the trade that
every premises let for a jewelry shop
has both steam and wind furnished.
The complainants in the bill i'm equity
filed in order TO secure the injunction
are David M. and Frederick K.Watkins,
jewellers OF this city and the defend
amt and landlord, Forest Greene, owner
of the Greene building on Fountain
street. The complainants state that they
leased premises In the Greene building
for term of five years agreeing 10 pay
$i1.67 per month for first two years and
Si6.0i per month for the other years of
the term for the purpose of carrying on
the business of die sinkers, manufactur-
ers of jewelers. tools and jewelry. 1t was
necessary for the conduct of their busi-
ness TO have a sink with a direct steam
pipe therein as blow pipe for forced air.
II Is The general custom they allege III
this city when a premises Is let for the
jewelry business TO furnish those things
without their being mentioned I'M the
lease and that steam and wind are
parts of the appurtenances of a place
let for a jewelry shop. Also they say
when they hired the premises there
were other jewelers. in the building but
for some time they, the complainants
have been deprived OF steam and wind.
They assert they have paid their rent
and that the defendant began an ac-
tion of tgespass and ejectmem against
them in the district court but the court
gave them Judgment for costs.
SPECIFIC PERFORMANCE
The bill seeks to compel the defend
ant to specifically perform the agree
ments incidental TO the lease. The lease
itself has no mention Of steam and
forced air. but the understanding was.
complainants claim. they were to be
furnished. A restraining order TO pre-
vent defendant from shutting off steam
was Obtained a few days ago and today
"A temporary Injunction was asked i'm
nature of a mandatory order to compel
the furnishing Of steam and wind until
there was a hearing on the bill.
David Nj. watkins testified that the
building was equipped for jewelry
shops. When witness firm took pos
session pipes for the conveyance of
wind We're fixed up and new piping put
in for furnace and blow pipe.
There was loss of 5000 or $500 i'm his
business owing to interference on the
part of the RESPONDENT. Mr.. Greene
knew what was to be the business Of
complainants and there were others
engaged i'm the jewelry business in the
same building. A blower was put in
the shop for the use Of other tenants
as well as the complainants. For about
two months witness had steam and
wind furnished him.
In July James II. Hurley i'm behalf of
G.. l.. and III. J.Gross, agents for Greene,
came into complainants place and said
they must pay $40 a month more in
order TO keep the steam. The steam
and wind were shut off. but under the
restraining order complainants got
steam. MIR. Greene hat said he would
take the blower out The complalnants
had paid their rent and kept all the 9TH
or covenants on their part Mr. Watkins
said he could put ia q blower Of his own
AT n cost of s25 but there was no Way
his firm could get steam.
TESTIMONY or JEWELLERS.
A manufacturing jcwelcr testified he
Nff' ldlliilldI Win lilt JtNtiIN uuNiileSH
and the necessary appliances thereto.
The custom was 10 have pipes for
wind and gas. a forge and blow pipes
steam and sinks In a iewelry shop and
those things were expected without
their being mentioned in the lease Mr..
Greens had tol e The witness tha build
ing was equipped for q jwelry shop
and any thing needed would be put
therein.
Cther manufacturing jewelers. cor
roboratcd this witness as 90 The custom
in the trade. Frederick Is WWkirsope
OF the complainaEts testified that FOR
the first two months wind and steam
were furnishel his firm
The defendant said when the COM
plainants went nto mis- building he was
furnishing Barstow & Williams with
steam. Witness ala not know COM
plainan,s wanted direct steam in the
sink until they had been using 10 four
weeks or so. Then he wanted the coal
plainnnts 90 paw FOR the direct steam.
but finally told them they could Use it
as long as BaretOw g. Williams wore
tenants withOuH extra pay. Witness
admitted he had told the cOmplainants
there We're pipes in the premises le,.
but he could not remember why he
made the remark
Richard y. Comstock. counsel Tor the
respondent argued that the terms ~
the lease must govern. The provision
therein was to furnish two and n half
horsepower. There was nothing
the least 90 show the complainauts
fD.ntfrff.f eef Dnua 49,.