The San Francisco call., 1909-05-27
ROMANCE OF REAL
ESTATE TRANSACTION
Fair Purchaser Satisfied With
Husband, but Not With
the Lot
Suit Against Ocean Shore
Realty Syndicateior Alleged
Breach of Contract

Mrs Henrietta Wells (nee Bourne)
of 1920 Broadway won a husband as
well as purchased a lot during her ne
gotiations with the Ocean Shore realty
syndicate. the promoters of Brighton
beach, but now she wants her money
back-on the lot. As an earnest that
the husband is entirely satisfactory it
is he, Charles NJ Wells, who is leading
the fight which Mrs. Wells is making
against the real estate people to re-
cover $500, claimed to have been paid
under false representations on a lot at
Brighton Beach, along the Ocean Shore.
Mrs. Wells fled a suit in the superior
court yesterday against the Ocean
Shore realty syndicate, in which she
ayers that the lot was purchased with
the understanding that streets were to
be macadamized and sewers and water
pipes laid throughout the tract, but
that work. she claims, was not done.
Attorneys Duncan A. Mcleod and Oil
yer Ellsworth of the Mills building ap
pear for Mrs. Wells.
ALLEGES BREACH OF CONTRACT
I'VE intend to fight this case TO a
successful ISSUE" said Attorney Nc
Leod yesterday. There are hundreds
of people who have bought lots in that
territory under false representations
We can show that the terms of the
contract of sale have been violated by
the realty peope. and we intend to re-
cover dana ges for that failure of con-
tract"
In addition to the lot cited in the
suit Mrs. Wells owns an equity in
three other lots in the tract on which
she has paid installments. She is out
about $1,000. She asks for refund Of
$500
At the time the lots were purchased
by Miss Bourne, now Mrs. Wells, the
officers of the Ocean Shore realty syn
dicate were: President, Arthur A. H.
F. Renton; vice president, Arthur G..
Duncan, and secretary, Percy T. Han
nigan. Hannigan is still active in the
affairs OF the company. but it is said
that the corporation has been reorgan-
lied.
Charles NJ. Wells. the husband of the
plaintiff, was salesman employed by
the syndicate at the time Miss Bourne
was paying the installments on her
lots. In those days she believed in the
company. Once a month she visited the
real estate Office and made her pay
ments. Three months ago she and the
young salesman were married. Now the
former agent of the company is on the
opposite side and his knowledge of its
operations will be useful TO his wife in
making her contest.
TAKING LONG CHANCE
In discussing the case yesterday,
Wells said: Il have spoken to Hanni-
gan about this matter and have asked
him to forego the interest on the lots
on which installments are still due. He
refused to do that and said that every
purchaser understood the nature of the
contract when the lots were bought.
and also that every purchaser knew
that a great deal said TO urge the sale
of the property was bull The pur-
chasers were taking the long chance,
he said, together with the syndicate.
We were taking the chance of selling
the lots and making the improvements
out of the proceeds And even if you
do get Judgment. Hannigan conclud-
ed, not a stock holder has dollar
I'VE claim Wells continued, that a
reasonable time for those improvements
to have been made has elapsed. When
was with the company we were in
strueted to intimate that a year was a
reasonable time within the meaning of
the law in which the improvements
should be made. I.left a good position
to go with the syndicate and believed
in its representations. 1 purchased
land myself along the line and per-
suaded many of my friends to do the
same Now they will scarcely speak
to me-"