The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-10-18
HOTEL ROW ENDS use LESS TOBACCO
Agreement Is Reached in
Hosiery Site Controversy.
Suits by Hahn and Crosby Over
Deed To Be Dismissed.

Litigation and controversies regard
ing transfer of the proposed hotel site
at Seventh and Jackson streets were
disposed of today and announcement
was made that immediate action would
be taken looking to construction of
the new hosiery. Attachments against
$4,000 paid to S. z. Hahn for the
property, as well as Halm's suit
against E. H. Crosby, purchaser of
the site, have been dismissed.
Statements today were to the effect
that immediate action would be taken
to dispose OF existing lease and rental
contracts and that an early move
would be made to complete raising OF
the hotel fund. Issues in the case
were disposed of by a special commit-
tee composed of George T. McDermott,
d. W. Mulvane, o. B. Cutler and A.
e. Van Petten. Settlement of issues
was made as a result of conferences
with attorneys in the case.
There is nothing in the way of the
hotel project now except to complete
the fund and dispose of lease matters
with occupants of buildings on the
site" said D. w. Mulvane today. II
believe public sentiment is so thoroly
behind the hotel plan that everyone
will make an earnest effort to bring
about a speedy construction of the
HOTEL
1t is probable that as soon as the
lease questions are out of the way
that a subscription campafgn-begun
last summer-will be resumed and eff
forts made to complete the stock sell
ing program Under terms of the
agreement made public today, Crosby
interests take over the property sub
ject to existing leases and pay all costs
OF the litigation.
Option Last Spring.
An option on the proposed hotel site was
secured by p. H. Crosby last spring:
When the hotel campaign was under way
arrangements were made to buy lots under
the agreement Crosby then paid over 500
900, the purchase price, and secured war
the money in a suit to compel Hahn as
maker of the deed, to vacate the proper
ties. Later Hahn filed suit in the United
States district court to set aside the trans
fer on the allegation that the sale was
subject TO leases and rental contracts eX-
listing at this time.
possible removal of the site from consider
alton in the plan to erect modern new
of Commerce appointed the special com
mittee which has successfully worked out
an agreement and disposed of both suits:
Chairman McDermott, in a statement to-
day, said that much of the trouble was
due to n clear misunderstanding between
Hahn and Crosby.
McDermott's Statement.
In his statement McDermott said in part ::
Mr. Hahn had given authority, some
months before the option was given, to sell
the property for 100000 by. letter, IN
which no restriction was made as to the
assumption of the leases by the tenants.
Pursuant to that authority an option was
given to Mr.. Crosby The option was in
writing and signed by n party acting as a
representative of Mr.. Hahn and the option
did not mention the leases nor did it re-
cite that it was subject to confirmation.
1t was probably orally understood that it
was to be subject to confirmation.
''Mr. Hahn later confirmed the option,
but in the confirmation recited that the
property must be taken subject to the ex-
listing leases This telegram was not sent
to Mr.. Crosby and whether he was advised
of its contents is a matter concerning
which there is some dispute. The deed
was given to Mr.. Crosby without any res
ervations and when it was discovered that
some of the tenants were asking a con-
siderable sum of money for the surrender
of the leases, a suit was brought by Mr..
Crosby to recover the cost of securing the
leases based upon the warranty in his
deed.
1T is very clear that Mr.. Hahn under
stood that the transfer was to be made
subject to the leases, as all of This COM
munications, after the option was given, so
recited. 1t is just as clear that no contract
which Mr.. Crosby signed or which wtA
given to him made any such reservation