The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-26
BIG RENT CLAIMED
ON LOCAL GARAGE
Appeal Refused Imperial Motor
Company Against Gordon
Motor Company.

by sustaining the decision of Judpe
John Fl Ingram. in tho Law and Eoui-
ty Court. to tho effect that a sum of
soUo week sought to be collected for
rent OF a garage by the Imperial Mo-
Tor Company against the Gordon Mo-
tor Company, was a penalty and un-
collecteble. the Supreme Court of An
peals yesterday put an end to the
case In the lower court the suit
TOOK the form of an injunction to In
hibit the Imperial Motor COMPANY rror,
enforcing tho collection, and this In
junction Is made perpetual, an appes,
being denied.
The sum OF $500 a week, claimed
by the Imperial concern to be for rant
was liked at time of strese due 10
the desire of the two companies TO oc-
cupy tho garage at 1631-le35 West
Broad Street. The Gordon Motor Com
pany was tho lessee and occupier or
the premises In March. 1910, It made
contract for the construction OF a
ne" building on another site, expectea
to be completed by July 10. However,
the construction was delayed from va.
sious causes for several months
Rush for Garage.
q. J. Allen. desiring to enter tho
automobile business. arranged to reno
garage occupied by tho Foster Mo-
SOrdOn Com
pany in the meantime had tried 10
rent It's place to S. F. Guggenheimer,
who also desired TO go into business.
but the negotiations failed. MIR. GuE
Eenheimer and Mr.. Allen joined hands.
but the Foster Motor Car Company.
desiring TO be released from Its agree
ment offered Allen sl.75o. which was
declined unless Mr.. Allen could secure
another place Negotia lions then were
resumed between the Gordon Motor
Company and Mr.. Guggenheiner. end
ing in deal between r. d. Hotchkiss
treasurer OF the company. and the new
firm, afterwards Incorporated as the
Imperial Motor Company. Allen there
upon released Mr.. Foster and roceiy-
cd his Sl,T50.
POSSESSION was TO be given on Oc-
tober l. but finding that the new
building or the Gordon Motor Com
pany would be delayed. new contract
was entered Into by which the impe.
rial concern was to have part OF the
building. and the other company could
stay in the place unit! November
agreeing to pay at the rate of $500 a
week for any time II remained after
that date. 1t is stated that the I'm
perial Motor Company tried to get an
other building, but could not do SO
for love nor money" The Gordon Mo-
tor Company also was putting forth
lures to rent the Houre Show Building.
and having contemplated getting a
tent to house the machines. In Its
petition the Imperial Motor Company
expresses the opinion that the Gordon
people were clearing $4,000 month.
Judge Ingram Decides.
Not until December 81. OF last year
moving, and claim was made by tho
Imperial Company for s2,54s for rent.
An Injunction to prevent its collection
was asked for and secured by the Corr
don Motor Company. Judge Ingram
decided that the ratio OF $500 was
penalty and not rent and therefors
could not be collected.
Combating this decision in its pctt.
ton. the Imperial Company recalls
that a house at Second and Grace
Streets rents normally for perhaps ST.
500 or $4,000 a year Yet a few years
ago j. Pierpont Morgan paid 5000 for
1t for three weeks and added two
bath rooms besides.
Writ IL Allowed.
A writ of error was allowed to A L.
Hawse in the suit against him by the
First National Bank OF Piedmont, W.
Va, from the Circuit Court of tho city
of Richmond. The bank sued for and
obtained judgment on negotiable
note for s2.145.57 on which Mr.. Hawss
and others were indorsers. It was /
renewal of a note on which NJ 4.
Patrick president OF the bank, was
also an indorser, The petitioner e1-
presses the belief that the action
against him was the result Of coilu-
sion between the bank and the othar
indorsers to make him pay the full
amount
A writ OF error was denied the
Washington. Alexandria and Mount
Vernon Railway Company. which
sought to have reversed a Judgment
rendered against 1t for $4,000 in the
Circuit Court OF Alexandria county, in
favor of Wyatt Vaughan. Vaughan was
injured by a train of the company. the
latter claiming contributory negli-
gence