The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-11-07
MAKE THEIR ANSWER
Caldwell. and Stevens Show
Why They Should be Allowed
TO BUY OLD CITY MILLS
Have offered Frazier $4,000
for Property as 1t Is.
10 BUY OLD CITY MILLS

The contest for the possession Of the
old City Mills property becomes more
Spirited as it proceeds, due in some part
TO the number of offers to purchase the
property that have been made since, the
buildings were destroyed, and also in
large measure to the increase in the value
of Wichita real estate 1t will be re-
membered that at the time of the fire in
June, Caldwell and Stevens. who had a
lease on the property, also had an op-
ton on its purchase extending to Aug
ust LIST, 1889, from August 1st. 1898. There
was $500 in insurance. After the fire
there was a disagreement Frazier, the
owner, and Caldwell and Stevens. the
3essees. Caldwell and Stevens wanted TO
exercise the option in buying at the
agreed price $4,000, but no agreement
could be reached. Mr. Frazier sued for
possession and now Mr. Thornton Sar-
geant, representing Caldwell and Stevens.
answers, showing why they should be al
lowed to pay the $4,000 for the propertv
rebuilt or $1,000 minus the insurance for
the property as it is now since the fire.
Their lease and option contract reads as
1oiioWs to which is appended Caldwell
and Stevens statement Of the dispute:
Wichita, Kan. Jue Z 1898.
For and reconsideration Of twelve hun
dred dollars to be paid by w. II. Cald-
well and F. D. Stevens, as follows: ten
dollars cash, the receipt whereof is here
by Acknowledged; ninety dollars on An
gust lst, 1898, one hundred dollars on the
irst Of tach month following until the
1ull amount Of twelve hundred dollars is
paid, 1 hereby lease to the said Caldwell
and Stevens the following described prom
erty, to-wit: tract known as the old CITY
Mis- including lot or lots AS feet east
and west on Douglas avenue. extending
pack to alley, about $50 north and soutb
together with all buildings machinery
and scales, for the term Of one wear from
the first day OF August. 1898. said Cald-
wei and Stevens to have immediate nos
session or said property and to have the
Tlsht to make such changes in the ma
chlnery as may be necessary, and to have
The right to remove from said propertv
any building or machinery they NAV have
placed in said property
For the consideration before named
hereby agree to give TO the said Caldwell
and Stevens the option to buy the said de-
scrlbed mill property at anv time durine,
the life of this lease at $150g0no The
said Caldwell and Stevens to return the
property at the expiration of lease in as
good condition as received. usual wear
and tear excepted.
III. F. FRAZIER.
We hereby accept the conditions of
This lease.
". T. CALDWELL,
''F D. STEVENS"
In pursuance Of said lease and ontion
contract the defendants entered upon and
look possession Of the said property on or
about the first day of July. 1898. and have
continued in the actual possession thereof
10 the present time. These defendants
PAID to the plaintiff twelve hundred dol
lars the full consideration for said lease
and option contract according to the
terms thereof. to-wit: ten dollars cash
ninety dollars on August LIST. 1898. and one
hundred dollars the first of each nontbs
OF September October November. Deem
Der, January. February. March. ApriI
May, June and July, in the years 1Sq2-e9
lease and oDtion contract there were the
following buildings and improvements on
said real estate. which constituted q mart
thereof, to-wit: one Touring mill with
machinery complete; one forty-fve thou |
sand bushel stone elevator and rnacbin- /
cry; one forty-ive thousand bushel crib
elevator; office building; two ware |
houses; track scales: wagon scales: grain |
dump. After these defendants took ms
session of said real property they erected |
thereon at their own expense one bandl- |
ing elevator with machinery at a fair and |
reasonable cost Of three thousand dol |
lars. This elevator was a permanent inn
provement erected by these defendants |
with the intention on their part of eyer- (
cising their option to purchase. under +ba
terms Of said lease and option contract /
the real property described herein and |
also described in said lease and option
contract. These defendants also repairel /
the Office and scales at a fair and raa-
sonable cost Of two hundred dollars. The /
said elevator improvements and repairs |
were made before the first of October /
1895. On the 2oth day Of June 1899. n fire /
occurred in the buildings. improvements |
ami machinery on said premises. The !
Touring mill and stone elevator. except /
the walls and machinery in the stone ele-
Nator. We're wholly DESTROYED by fire |
Three-fourths of the machinery and the !
Touring min We're also at the same time |
destroyed by fire. The destruction Of said |
buildings. improvements ana machine-,
by ire was wholly accidental and without /
the fault of these defendants. The walls /
of the stone N1Ay-ar,~ o~f +;.,.,-s..- ~, I