Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-24
REAL ESTATE MEN
|NLEGAL BATTLE
Suit Over Commission From
Sale of the Arlington Hotel
Property.
TRUSTEES HOLD MONEY
READY TO TURN OVER
Await Decision of Court as to Who
Is Entitled to Receive

Real estate, financial and social cir
cles are taking unusual interest in a
law suit in progress of trial before
Chief Justice Clabaugh and a jury in
Circuit Court No. /. The question in
volved is the determination OF what
persons are to participate in the dis
trlbution OF commission of about
$4,000 for negotiating the sale of the
Arlington Hotel property in January
1912.
The defendants are Woodbury. Blair
and the National Savings and Trust
Company as trustees of George Pea
body Eustis. who owned the property
They ADMIT the commission is due and
that they have retained from the pur-
chase money sum sufficient to pay,
when the jury has determined the
rights of warning claimants.
The defendants say the concluding ar
rangements for the sale to the Airing
ton Hotel Company were made with
them by James F. j. Archibald. now
secretary of the new hotel company.
Suits Are Consolidated.
The pla mt ifs in the two suits. which
have been consolidated for purpose of
trial, are Arthur ID. Addison and Will
liam Corcoran Hill. local realty brok-
ers. MIR. Addison asks $4,000, which
he claims as the full commission on
the sale price of s1,45O.OoO. Mr. Hill
asks only $4,000, as he was informed
only per cent would be allowed on
the net purchase price Of sl.4O0,000
after the Roessle lease had been de-
Quoted.
Insinuations Of ccllusion Rave been
made by counsel for the plaintiffs in the
of the trust company and the New Ar
lington Hotel Company. whom they have
called to the stand to prove the case of
the complaining brokers. An alleged Sc
cret arrangement between Mr.. Archibald
and George Howard, treasurer of the
company, was limited
On the witness stand Mr.. Howard
claimed to be entitled TO two-thirds of
the commission and that Mr.. Archibald
was 10 have one-third under an arrange
ment between them. He had never spok-
en- to Mr.. Blair concerning the commits
sfon witness said. but his connection with
the transaction was known to William d.
Hoover. president Of the trust company.
Tells of Getting Option.
MIR. Archibald was the instigator of
the Ellington Hotel Company said Mr..
Howard in his testimony. He said he
made the agreement with Mr.. Archibald
as to the commission because he OBJ
tanned the option on the property from
Mr.. Blair and Mr. Blair's letter was ad-
dressed to him. Mr.. Howard said he
did not mention the fact to Mr.. Blair
that he was to receive the commission
on the sale because. as a rule. they did
not discuss business at all. either at
the club or elsewhere. Witness said he
only told Mr.. Blair about the commits
sion after he heard suit had been filed.
Mr.. Howard admitted that Mr. Blair. at
q meeting just before the suit went on
trial told him CHowardj he did not know
he was to get a commission.
At the conclusion of the testimony At
torneys j. j. Darlington and Frank j.
Hogan. for the defendants, moved the
court to instruct the jury to return "A
verdict for them on the grounds that the
evidence offered by Mr.. Addison and
Mr.. Hill had failed to show that the
plaintiffs are entitled to share in the
commission. The motion will be argued
next Monday.
Attorneys A. $. Worthington. John w.
Yerkes, Arthur Peter and Henry p. Blair
represent the plaintiffs.