Evening journal., 1922-12-21
LITIGATION over
Land PROJECT
Fielder and Ripka Seek In
junction Against Thomas
w. Gwinn
DEFENDANT DENIES
OWING THEM MONEY

In a bill fied IN Court OF Chan
Gerry by Gustave S. Ripl<a and Vir.
ginia Dewitt Fielder and Fielder
and Ripka. Inc. a preliminary in
| junction and restraining order il
asked against Thomas NJ. Gwinn and
Caroline Wyatt. Purchase OF the
'"rhirtieth Street Development" is
involved in the action.
The bill asks that the defendants
be required to show cause why a
preliminary Injunction should not
issue restraining Caroline Wyatt
from paying to Gwinn anything on
account or in Satisfaction of a t5,-
500 mortgage assigned 10 Gwinn on
behalf OF the complsinants;
That temporary restraining
order be Issued;
That the bond and mortgage.
which has been reduced from s2S'-
600 10 $4,000 be delivered to the
complainants and cancelled;
That the defendant, Gwinn. be
compelled 10 pay back 70 the com
plainants all money paid by them in
excess of $4,000 paid for the tract
of land;
That the defendant. Gwinn, be
compelled TO recompense the COM
plainants in the sum OF $4,000 for
Office rent and telephone charges
and TO reoompenss Fielder IN the
sum of $4,000 which amount Gwinn.
according 20 the bill, Illegally OBJ
tanned from the said Fielder" IN
the purchase Of shares OF stock In
Fielder and Ripka. Inc;
That Gwinn pay $4,000 as dam
ages for alleged non-conveyance OF
certain parcels OF land TO the COM
plainants.
The bill alleges that Gwinn agreed
to purchase the "Thirtieth Street
Development" and deed It to the
complainants for the sum at which
he might succeed in getting it; that
a few days after their conversation
which took place during July. 1919
Gwinn told the compliments that
he had purchased the property for
$40, 900 and conveyed It TO the COM
plainants receiving $4,000 on ac-
count, as had been agreed among
them, that subsequently Fielder AND
Ripka, Inc, was organized; that
within the past few months. after
Fielder had purchased the interest
and stock of Ripka In the corpor-
alton. it was discovered that Gwinn
who is eaid to be a resident Of
Charlestown. W. Va. really bur- !
chased the land for $4,000 instead
Of $4,000 and that he had not deed
ed to them the whole OF the prop !
erty purchased.
II $ also alleged In the bill that
Gwinn had agreed 20 pay half the
rent for the once that he and Rpka
and Fielder, Inc, occupied, but that
he failed to carry out that agreement
and also failed TO pay for long ats
lance telephone calls made by him.
and that he did not turn over the
Ripka and Fielder, Inc, SIS that he
was alleged to have collected for
the corporation.
When the land was decided to the l
the bill alleges, a bond |
and mortgage for s26, 600 was exc
,uted by the compliments. and since
nat lAlllb NAAN AApAN' 49,
more than $4,000 in excess OF the
$4,000 alleged TO have been actually
laid by Gwinn for the land; that
$1,000 Is due TO the complainants
rom Gwinn; that $4,000 OF the
Mortgage has been paid by the com
claimants; that Gwlnn has never
urned over the $40 alleged TO have
,een collected by him for the real
state corporation.
Gwinn. in an affidavit hled by
Iarvel. Marvel. Layton and Hughes, !
counsel for him, depoees: He never
.oted as an agent.for the complain
.uts but was himself a dealer in real
state; that he never approached the
in regard Co the ''Thir-
leth Street Development" but the
came 20 him in regard
o the land after ne had planned 10
therwise dispose OF n; that ne never I
fered TO purchase the land for the 2
and never promised
o deed It to them for the price al a
rhich he purchased *; that he does C
OF owe $4,000 as office rent and for n
slephone calls; that he never re- u
eived s7b which was supposed 20 be G
armed over TO the complainants; p
nat he does not owe the complain n
nts $4,000 as damages for alleged
fraud" in the purchase OF stock in ~
ielder and Ripka, Inc; that he o
ever reserved any part OF the land "
rat he agreed TO deed TO the com II
.ainants; that the complainants owe \,
I'm $4,000 on the mortgage. ~
Daniel o. Hastings and Clarence ~
. Switzerland are solicitors for the
,mplainants. ~