The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-04-10
WON'T MAKE A DEED
MRS. LULA IL. JOHNSTON REFUSED
TO CARRY OUT HER CONTRACT.
THE PROPERTY ATTACHED.
BULL AND BRoUGHToN STREET
CORNER SEIZED BY suERIFF.

w. e. wimpy Claims That Mrs.
johnston Contracted TO Sell Him
the Property and Then Refused to
Make Him the Deed--ne Claims He
Has been Damaged S25,O00 by Her
Refusnl-PrOperty Includes Half a
Dozen stores on BreuS hton ana
Bull StrectE-AmOng the Most VAL
uabIe in the City-Aftached BE-
cause of the NOn-Residencc nj the
Defendant.
The property at the northwest corner
of Bull and Broughton streets was
levied on yesterday under attachment
proceedings instituted by w. E. wimpy
against Mrs. Lula F. Johnston of San
Antonio, Tex. The attachment affi-
davit alleges an Indebtedness of $685.
900.
The property includes the lot of land
fronting sixty feet on Broughton street
and extending back ninety feet on Bull
street to Congress lane. The buildings
include a three-story frame structure
on the corner, one-story store on Bull
street and a two-story brick structure
on the corner of Bull street ana
Broughton lane. The buildings are
not intrinsically valuable, but they
form collectively one of the best pay
ing pieces of renting property in the
city. situated as they are in the very
center of the retail business section, at
the junction Of the city's two principal
streets.
The Tenants Notified.
The attachment proceedings were
sworn out by Mr.. Wimpy before Mag
istrate M. Naughtin and made returna-
BILE to the City Court of Savannah. The
levy was made by Sheriff ]. ]. Horri-
gan of the City Court, who personally
served each of the tenants of the prop
erty with a copy of the attachment af-
fidavit and bond.
The tenants include A. w. Master
son, cigars and tobacco, Estate OF e.
M. Connor, books and stationery, M.
Schwab & Son, opticians. William Es-
till, newspapers and periodicals, A. l..
Desbouillon, jewelry, NJ. Ed. Wilson,
photography Madame l.. Desbuoillon,
millinery and A. S. Nichols, boots and
shoes.
Accompanying the attachment of af-
fidavit is a bond for $4,000, on which
the name of John j. McDonough APP
pears as surety. This is conditioned to
answer any damages the defendant
may sustain by reason of the issue and
levy of the attachment. The case is
made returnable to the May term of
the City Court. The attachment was
entered on the attachment and execu-
ton dockets in the office of the clerk
of the Superior Court last night
No declaration has yet been filed, as
the law does not require this before the
term of the court to which the case is
made returnable. Mr.. Wimpy is repre-
sented by Emile Newman and O'Con-
nor, O'Byrne & Hartridge.
Mr.. Wimpy's Claim.
At the De Soto where he resides, Mr..
Wimpy said last night that the at
tachment that had been filed was for
$4,000 damages for the failure and re-
fusal of the defendant to carry into
effect contract for the sale of the
property she had made with him.
Mr.. Wimpy declined to say what
price had been agreed upon between
him and Mrs. Johnston. He did say,
however, he was anxious and willing to
perform his part of the contract and
Fay the agreed price. A suit for specific
performance of the contract was not
filed against Mrs. Johnston only for
the IedSOH lIldl SHE Is d resident. OF
Texas and it would be necessary for
him to go there in order to institute
such a proceeding. An action for dam
ages for performance on her part
of the contract CT sale is the only rem
edy the circumstances permit He
thinks her refusal to make him a deed
to the property has damaged him in
the amoust claimed.
Mrs. Johnston the Sole Owner.
Mrs. Johnston is now the sole owner
in fee simple of the property. There
is, however, a small mortgage of S12,-
900 upon it, which is placed with the
United States Mortgage and Trust
Company represented in Savannah by
w. G. & r. G. Harrison.
Mr.. Wimpy was unable to give any
explanation of Mrs. Johnston's refusal
to carry out her contract. He said
he had simply received a telegram from
her announcing that the deal was off,
but assigning no reason whatever for
taking this step. She is represented
in Savannah by Garrard G. Meldrim,
but her counsel so far as the attor-
neys for the other side are informed,
are equally in the dark.
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