The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1919-05-24
SHIRKS SUED
IN EFFORT TO
REOPEN PLANT
CLOSED HERE
Commercial Club Asks Court
to Require Refrigerator
Firm to Perform Terms Of
Agreement.
HOLD VALUABLE REALTY

A sequel to the abandonment In
February, 1918, by the United Refrig-
orator companies of the Gaar-Scott
company property turned over to the
former corporation to obtain the re-
moval of the refrigerator companies
from Peru, Ind, to Richmond is
suit filed in the Wayne county circuit
court Saturday morning by attorneys
representing the Commercial club,
asking specific performance" by the
refrigerator companies Of their part
OF the agreement. The United Re
frigerator companies as a corporation.
and Elbert Walker Shirk, his mother.
Mrs. Ellen w. Shirk, and his brother,
Joseph H. Shirk, the latter two OF
Peru, are made defendants. Ebert
W. Shirk is now In California.
The litigation involves more than
100000 worth Of real estate and
buildings In the heart of Richmond's
Industrial section. The complaint al
leges breach of contract, and seeks
TO compel the defendants to complete
the terms of the agreement made with
the Commercial club, which provided
that the company was to maintain a
force of 100 men for three-fourths
time for period Of five years. The
refrigerator companies complied with
the contract for period of little more
than year, the complaints sets forth.
The action was filed by the law firm
OF Robbins, Keller & Robbins Of this
city.
Shirks In Social Activities.
According to the petition, the Com
~ AIa1L ~rvl< oo
president, and E. M. Haas as secre-
tary, entered into contract with the
United Refrigerators companies on
April z, 1915; whereby the companies
were to move their factory to Rich
modnsand to employ specified num-
ber of men for period of i've years.
Elbert Shirk, as president, and mana
ger Of the organization, moved to
Richmond to take charge of the plant.
The Shirks established home in the
Keystone apartments. Fifteenth and
North A streets. Active operation OF
the refrigerator plant was begun In
the fall of 1916. Both Mr.. and Mrs.
Shirk became almost Immediately
identified with the more conspicuous
social activities of the city.
The complaint sets out that the
Richmond Commercial club is cor
poration organized for the purpose oil
furthering the commercial and indus
trial interests Of the city, and thai
Richmond is a city depending largely
upon the industrial activity for its
maintenance. The petition declares
that the Commercial club has beer
interested in bringing factories to the
city, raising large sum to finance
various ventures calculated to lent
strength to its industrial fabric. L
is pointed out that for several year!
there was maintained here a manufac
turing industry known as the Gaar
Scott co~,~any, | later as the M
Eumely psny, both concerns en-
Eaging he manufacture of thresh
ing machines. These companies main
tanned large buildings, according to tn,
petition, and continuously employed ;
great number OF workmen. These EN-
ployes, says the complaint, earnet
large sums of money, thereby promot
ing the welfare of the city CONNER
cially and industrially.
Receiver for RumeIy
In 1915, it Is set forth, the M
Rumely company failed, and re
ceiver was appointed. This indus
trial misfortune impaired the bushes
condition of the city to the extent tha
the Commercial club felt called upol
TO take a hand in the situation in a.
effort to apply some remedy. AS
result of this decision, the CONNER
cial club obtained an option on all tn
Rumely property with view to oi
fering it as an inducement to som
firm that could take the place Of tn
= defunct organization Giving tn
. United Refrigerator companies tn
preference over a number of othe
prospective Richmond industries, tn
Commercial club made an agreemen
with the Peru firm that resulted in tn
latter establishing itself in the cit!
The real estate and buildings wer
conveyed to the United Refrigerato
companies in the belief that the la
ter would fulfill their contract.
Contrary to the provisions Of tn
contract, says the complaint, tn
United Refrigerator companies hav
refused to comply with the term
have closed down their plant. and al
arranging to dispose OF the propert
and all equipment, wholly disregari
ing the rights of the Commerci;
club"
Cannot Sue for Damages.
The petition AYERS that the Comme
cial club has no remedy for the SIT
alton so far as q suit LUZ udnd6oo
concerned, but that it feels justifie
in asking the court to compel II
Shirks and the United Refrigeratt
companies to consumate "specif
performance of the agreement" II
court is asked to issue an order for
ing the organization to reopen !
plant here and otherwise comply WI
the provisions of the contract.
Pending final action in the cas-
the complainants have filed lis pc
dens notice, alleging that the title
such property is affected by the su
Out of consideration for the organ
zation, say officials of the Commerci
club, the club allowed the alleged dc
ELECTION on the part of the defendan
TO rest during the war period. Ho'
ever, when it became known that Il
firm was trying to dispose OF Its pro
(Co-tinUed on Pace Four)