Wilmington daily commercial., 1872-04-27
A.sIsamsut Of Oonsrscls.

SUIT AGAINST THE KENT d QUEEN ANSE's r. n.
-INTEREsTINo FACTS.
The case of Quigley q Stears, use Of Ruther,
us. the Kent 4 Queen Anne's r. R., has been on
trial before the Circuit Court Of the United
States, sitting in Baltimore, for the past ten
days. The trial Is still in progress, but Judge
Giles has rendered the following decisions on
the points raised .r.,fa sr4
First, although contracts Involving personal
service, confidence and skill are not generally
assignable, contract to build railroad, belong
ing to class Of contracts which are frequently
let TO the loweet bidders, may be assigned and
the fact that both the original contractors (the
legal plantifs) had assigned thasr interest in the
contract, during sthe progress Of the work, is
therefore no bar to recovery in the present &C
ton.
Secondly, the refusal Of one contractor to 20
on with the work, and the inability of the other,
are justification Of the action of the company
in declaring the contract at an end, unless the
Jury shall further find that the assignee was able
and willing to proceed with the work.
Thirdly, fraud such as is alleged by the de-
fendant, (collusion between the contractors and
the company'H engineer, by which the latter was
to share in the profits OF the coutract) i found
by the jury, would vitiate the contract from its
origin, and completely bar recovery. Tho
monthly estimates, approved by the company's
engineer upon'whioh the contractors were paid,
II made in good faith by the engineer and the
contractors, without fraud or imposition ON oi-
ther side, are conclusive to such payment Gross
negligence or inattention on the part of the
company's engineer is q fact from which, il
found by the jury, they are at liberty to infer
fraud. The contractors II they recover at all,
can recover only such profits as they would Ac-
tually have made II permitted TO 90 on with the
contract, and as to work already done prior to
the abrogaton of the contract by the company,
t cir claim to the ten per cent. reserved by the
company, under the contract, is subject TO de-
duction for damage, If any sustained by the
company though imperfect performance, &c, Of
the contract by the contractors"
The amount Of damage claimed by the con-
tractors is between $4,000 and 100000.
COW in Dover, Tenn, excitss the envy of
all her bovine companions in hy-time. She has
| two tails,
The Benton Qnd.) Jail, being somewhat inse,
| cure is to have . new board fence and coat OF
WhitewAsh.
rural reporter says procession timed then
steps "to the duloet notes Of tho mellow drum. y
Mellow drum Is good.
Three Texas gentlemen have made arrange
| melts for inolosing 115,000 acres Of land In one
body for pasturage.
The two city tickets at Mackinaw, Mich, are
respectfully known as the Good Templara" and
| "Good Tipplers" ticket.
/
viding that the Charter election in New York ci
/ ty shall be held on the 91st of May.
James Rico. of Allegheny City, Pa, was shot
dead at Indianapolis on Thursday by Fr&nl
Wright, keeper Of the Marine Hospital
The California Republican Convention has ia
| structed its delegates to the Philadelphia Con
vention to vote for the denomination OF Presi
/ dent Grant.
Another fire-damp explosion occurred ysster
in the Pine Brook shaft at Scranton. Five mi
ners were so badly burned that their recovery i
hopeless,
Thomas Zimmerman, Of Spartanburg g., 9
was acquitted at Columbia, yesterday, Of tn
charge Of murder and conspiracy.
McClurs's elevator, at Peoria, Illinois, wit
$4,000 bushels Of grain, is burned. Loss o.
elevator $25, 900.
The Odd Fellows celebrated the, Apniversar
of tkeir order in the principal eieiea Of Ne'
England yesterday.