The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-11-07

lease and option contract, it was under
stood and agreed between the plaintiff
and the defendants that the plaintiff
should, at his own cost, keep the build
ing and improvements and machinery on
said real estate, which were there at the
time of the execution Of said lease and
option contract, insured in responsible
insurance company, satisfactory TO him
self, against injury, destruction or losss
by fire, for the benefit of the owner of
the said building and property. The
amount of said insurance was not to be
less than $500. In pursuance of said
understanding and agreement between
plaintiff and defendants, the plaintiff in
sured said buildings, improvements and
machinery in various insurance compan-
les, to the defendants unknown, In the
sum of $500. After the destruction Of
said buildings by fire as aforesaid, the
plaintiff collected from the insurance
companies the full amount for which the
buildings improvements and machinery
were insured, to-wit: Eighty-five hundred
dollars. All Of the buildings, improve
ments and machinery which were on said
property at the time of the execution of
the lease and option contracts were on
property at the time of the fire. No
other buildings, improvements or mach
inery were placed on said land by the
plaintiff during the life Of said lease,
On or about the first day of July, 1899,
and after the fire, the defendants notified
the plaintiff that they intended to, and
would, exercise their option under the
contract to purchase said property at S15,-
Co., and demanded from the plaintiff that
he rebuild the buildings, improvements
and machinery on said property, and place
the buildings, improvements and machin-
cry thereon in substantially the same con-
dition in which they were Immediately be-
fore the fire and at the time of the exc
cution Of said lease and option contract.
The defendants offered to allow the
plaintiffs a reasonable time in which to
comply with said GNA2and. The buildings,
improvements and machinery were In the
same condition Immediately before the
fire that they were in when the lease and
option contract was executed. At the
same time when the foregoing notice was
given to the plaintiff, these defendants
notified the plaintiff that they would
thereafter and before the expiration Of
the Options tender the purchase price Of
SIS, 900: but the plaintiff refused to rebuild
sar buildings and improvements and re-
fused to put the buildings, machinery and
improvements in substantially the same
condition in which they We're at the time
Of the execution of said lease and option
contract and at the time Of the fire. The
plaintiff also refused to convey said prem
ises On the first day Of July, 1899 and
just after notifying the plaintiff as here
inbefore described, of their intention to
purchase the said premises under the said
lease and option contract, the defendants
paid to the plaintiff the sum of 500. which
was the last installment owing under
said lease and option contract The said
sum Of 500, together with the sum of 81
100, paid by the defendants to the plaintiff
before, made the full consideration for the
leas of said premises and the option TO
purchase. On and before the 31st day of
July, 1899. these defendants performed
every. condition on their part to be per-
formed under said lease and option con-
tract.
On the S1st day of July, 1899 the defend
ants rendered to the plaintiff htsemu
ants rendered to the plaintiff the sum Of
$1,000 lawful money OF the United
States as the purchase price of the prop
erty described IN said lease and option
contract, and orally and in writing signed
by themselves notified the plaintiff that
by virtue of said lease and option con-
tract they elected to purchase the prop
ertv described in said contract according
to the terms thereof. and requested the
plaintiff to convey said property to them,
and demanded of the plaintiff that mas
much IS the building and Improvements. /
which were on said property at the time
when said lease and option contract were
executed, had been wholly or partially de-
stroyed by fire since the execution Of said
contract. he should place said property
with the buildings. improvements and
machinery thereon. in substantially the
same condition in which they were when
thah said contract was executed. usual
wear and tear excepted. Also at the