The evening times., 1901-04-24

Breach of Implied Contract
Against Persons in New York.
Litigation in which William E Ryan.
OF Washington. VIII be one of the plain
tiffs- viii probably follow the completion
of one of the largest realty deals evermade
in New York city, involving the sale of an
entire block on the West side Of Broadway
between ThiTty-fourth and Thirty-fifth
Streets, extending back $50 feet on the
former and 500 feet on the latter street
up TO the line of Roster & Balls Music
Hall It is rUmored that a sixteen-story
hotel, theatre. and Office building com
bined is to be erected on this land. a fur
ther report is TO the effect that R H
Macy & Co contemplate the transfer OF
their busiHass 10 the location and viii
build there
At present the AuIic Hotel is located
on the corner Of Thirty-fifth Street and
Broadway and the managers Of the hotel.
Hencken, Haasen & Rust will it is said
soon be served by Afr- Ryan with notice
OF suit for breach of contract. 4 friendly
suit viii involve Isaac Z. kelIog. of the
New York Mills. in the complaint Mr.
Ryan. it is claimed will sue for commits
sion Of $500. or . per cent OF the vaIua-
tion Of the lease of the hotel the option
of which, he says, was his at the time of
the sale Later on. = is probable that a
suit for S30a,G90 viii be brought by MI
Ryan, Mr.. KeIjOg. and another against
Adrian c. Hegeman, agent for the entire
block Of property involved in the sale.
Mr.. Ryan, who is now in Washington.
states that some time ago he ascertained
that the lease Of the AuIic could be pur-
chased he approached the managers OF
the hotel, who at that time had practi-
cally a twenty-f0ur years lease on the
property. and was given an option with
out time limit, the price demanded being
S15o,003 and carrying with it all the aDpur-
tenances and fixtures. Mr.. Ryan and MI
kellog were interested in the project.
Mr. Ryan then conceived the plan to
secure the lease Of the entire block of
property on Broadway, and after consid-
cradle trouble secured the names of the
property owners. It developed that the
entire property was practically in the
hands of one agent who was also one of
the heirs To part OF the realty This
agent was Adrian G. Hegeman. and he
was approached by AfeSsTs- Ryan and
I[eIlOg with a proposition. Mr. Hegeman
discussed the project and endorsed it
I. He stated that the property was valued
at between two and three million dollars
and that the income was at that time
about S160,G50 per annum- On condition
that the hotel. theatre. and Office building
/ should be erected and revert TO the own
/ ers of the property on the expiration Of
/ the lease, Mr.. Ryan states that MI Hege-
man agreed to take up the matter on the
| basis of a rental of 3I5eo50 per annun-
Mr. Hegeman, according TO AIr Ryan, IN
! dertook TO open negotiations with the
/ tenants Of the property. with a view to
| canoeing their leases. and to communi-
cate with one Of the heirs at that time
| supposed TO be abroad. To secure their as
/ sent to the proposition
Mr.. Ryan HAD secured Il Chicago capt.
taIist, D A Newmark. who, he states,
was enthusiastically interested in the
project. Mr. Ryan heard nothing more
from Mr. Hegemaa for some time, until
the announceTnnt was made in the New
York papers that such deal was nearly
conSunaraated with other principals
Mr. Ryan consulted his lawyer. Clifford
/ II. Guest % New York, and the attorneys
for Mr. kellogg Joseph F Brady and
Charles NJ Russell. were also conferred
with Mr. keIlOS- having business rela-
tions with IesSees OF the Aulic Hotel
) objected to bringing suit against them.
and Mr.. Ryan resolved TO make MT. kei-
log . friendly party to q suit to be insti-
tuted solely BY himself This suit. il is
| said VIII be brought at once, on the ad-
| vice of AIT- Ryan'S attorneys.