The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-19
SHE WANTS
THE LEASE
CANCELLED
Catherine Bowen Brings Suit In
Equity Against H. H. Wolff.
Conflicting Testimony Given

Chief Justice Stiness and Justices TIL
lingbast and Rogers today heard the
equity cause OF Catharine Bowen, VS..
Horace ii. Wolff. on bill answer and
proofs. The bin In the case prayed that
lease Of real estate be cancelled, or
that II be reformed.
The complainant was the owner OF a
lot OF land In this city fronting on Prai-
rie avenue, and on tho lot was cottage
house Defendant owned the iot adjoin-
Ing the complsinant's lot on the south.
There is also dwelling house on the
east end of the lot. the northeriy line
OF which is about three feet from the
line dividing the two lots.
August Sth, 1895, the complainant sign
defendant for the term OF FIVE years, from
Sept. /, 1898, at the annual rent OF Sl2,
payable in advance, a portion of her lot.
The latter and his executors admins
traitors aud assigns were given the right
jby the lease of erecting a building on the
leased premises of such size and style as
should be agreeable TO the lessee. There
was covenant in the lease giving the
lessee and those claiming under him, the
right to renew the lease for Is years.
There was testimony I'm the case TO the
effect that Miss Bowen, who is a woman
with business. relied on
the defendants statements as to what
was Ia the lease. and that by the pro-
visions OF the lease DR. Wolf got land on
which he might erect building that
would rent for $50 month, and might
shut out the light from part of defend
ants house, thus damaging II TO the ex-
tent of $500.
Miss Bowen claimed that DIR. Wolf
never I'm his talks about the lease said
anything about the part OF her lot front
Ing on Prairie avenue which IL claimed
by the lease sought TO be cancelled
She also testified that she authorized
no one TO draw a lease for her and she
only saw 1t after il was drawn and In
the possession OF MIR. Hoffman. Dr.
Wolns attorney, and that she did not
understand IL all. The doctor refused her
a copy or the lease and when she went
10 the City Hall and saw what the lease
she objected "a its terms, and
forbade the erection of the Office build
Ing OF the doctor on her lot.
Counsel for Miss Bowen argued that
he lease as written failed To express the
actual terms of the contract AZ made by
he parties and that Miss Bowens testi-
nony that she meant to lease and sup
Dosed she was leasing a piece about II
eet square only i'm her rear lot. is sup
ported by the fact that Dr. Wolff repre-
ented go her that he wanted land for the
purpose of an office only. and that both
,arties understood that no building was
o be put up on the south side of Miss
3owen's house
Dr Wolf denies he acted any way hut /,
airy with Mrs. Bowen. Snd saws the |
ease was read TO her before she signed |
{. and she only wanted IS a year, hut he |
gave her s12. That he has !
rected an office on his own land. ~ on |
he rear portion OF this land premises |
ffice buildings and carriage shed at a |
ost OF $500.
DR.. Wolf filed a stipulation in court |
'efore todays argument that the first |
art OF the leased premises should not he |
uilt on. nor the complainants windows /
nor light or air interfered with !
nd giving complainant and her servants |
he right 10 enter on the leased premises |
nd make repairs on her house.
The lease gives DR. Wolff possession /
light up 20 the cellar walls OF the house |
iiss Bowen lives I'm.
r. j. Mccarthy and George b. Bar /
ows are counsel for Miss Bowen. and |
Walter III. Barney counsel for DIR. Wolff, |