The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-06
CITY WINS SUIT
SeweII & Drake Wanted the
Damages Made Good.
ATTORNEY HELM DEMURS
Street Fair Claims the Firm
Were Well Paid.

In the city court yesterday before Judge
Kirk the suit brought by the firm of
sewen d Drake, feed dealers, against
the city of wichita for $500 damages. was
decided in favor Of the city and judgment
rendered against the plaintiffs.
The suit is the outcome Of the big
street fair held in this city October last
Everyone viii remember the success Of
the fair from a merchants standpoint
the unanimity and cooperation of every
citizen, wholesale and retail merchants
alike, this with the assistance Of the city
officers, helped to organize and carry out
the greatest undertaking ever held in the
city. In order to carry out some OF the
plans necessary to the success OF the
undertaking, and to do what had been
granted and permitted by almost every
large city in the west, it was essential
that the fair be held somewhere in the
vicinity Of the central part Of the city.
There being no law permitting the city
to grant anyone the right to use the
streets for such a purpose, it was neces-
sary to obtain the consent of abutting
property owners, lessees or occupants.
This the secretary did with but one or
two exceptions, until some few days
after, when all had given their consent,
willingness and hearty support, except
the firm of Sewell & Drake. President
Cohn and the secretary then called upon
5ewell 4 Drake and tried to arbitrate
matters. The feed dealers held out that
they would be damaged by the fair and
wished it could be located on the out
skirts, or up north, or anywhere, so long
as 1t would not be held on South Main
street. The president and secretary tried
TO compromise with the firm on business
principles, noting that many advantages
would be derived by the new firm, just
starting out in business, not then a
month old. Tit benefits would be large
advertisement for the young firm, being
right in the swim, as their location was
in the center of the first block of the
industrial exhibit They could not see it
the same way as the fair officers. and it
was finally decided that the firm should
submit their proposition, and after much
further discussion it was partially agreed
Upon by the officers of the street fair and
should donate a $25 booth to Seweu &
Drake in consideration of their giving
their permission to the petition to hold
the street fair on South Main street The
firm wanted time to think the matter over
and appointed the next day to give their
decision. When Messrs. COIN and Lock
wood called the following day, Mr.. SeweU
made another proposition, and told
Messrs. Cohn and Lockwood that he had
talked the matter over with his partner
and they had decided that if the associa-
ton would build them a double door in
the rear OF their store, donate a booth in
front Of their premises and give them
(Seweu 6, Drake $50 they would agree to
Rive their consent, which they did, but
signed a contract instead of an agree
Inent, prepared by Messrs. COIN and
Lockwood. which VIRTUALLY signed away
any further claims against the street
fair.
When the double door was finished and
the 12-foot space for the booth was DO
mated 10 the firm, the so was rendered to
Mr.. Sewell in the form Of a check writ
ten therein Qn full for all obligations
against the street fair) the check went
through the regular way and came back
with the endorsement Of the firm on the
back, which is equivalent to a receipt,
and the secretary has always held on to
it as a prize check ana receipt for all
obligations 10 the firm Of feed dealers
The association also obtained from the
firm written agreement permitting them
to construct an S-foot fence in the front
Of the premises occupied by the firm a
short time after the big fair. Seweu &
Drake filed another claim with the city,
siaiming $50 damages to their business.
This was not allowed They then en-
p'oyed counsel and brought suit for $500
damages against the city. This is the case
that came to such a sudden ending yes
terday in the city court The decision
of Judge Kirk was handed down. sus-