Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-09-05
A Novel Case Before Justice .vhemp.

Yesterday afternoon an interesting ana rather
novel case was tried before Justice " uliam
against VIM. Muehleisen for 500 damages al
lsstd TO have been sustained by thu refusal OF
defendant TO allow him TO erect ?. house when
appeared for plaintiff, and MI. John r.. Norri,
Tor defendant. The former r.,pened the ceSe nv
reacing the declaration, IL, which the plaintiff
stsies states that Sefendsnt On the 18th OF August
street, between L az ID X. and plaintiff on the
18th put IN BID, Mich was opened with four
othtrs, ana he w IS found to be the lowest, and
not allowed =, 60 on with the work, to his dam
sge' &c. at. Norris, for defendant, said that
Two peas had been fled, viz: that defendant
o.. ~ no' promise and was not indebted; and that
We CJntrsct was a conditional one, that plain
On Should do the work II defendant could not
20 better. and he did do better. He claimed
!, that Hewlett fully understood that he should
| have the work unless defendant could do bet
| ter, and that defendant did DO better they were
able TO prove. lie also claimed that plaiEtiff to
recover would have TO show that he had suffered
| some damage, and he denied that he could
| prove any damsge; that there we're any prepa-
| Tatiors made tor the work, sc.
The plaintiff was sworn, and testified that
| hearing that Mr.. Muehleisen intended to build
| be went TO him and asked to bid IL the work was
| TO be given to the lowest bidder. Muehlheisen
said it weuld be so awarded, and after ne had
| inspected the floors and examined the old house
4 as TO how much or the old Material could be
| used, he made his bid which was presented at
4 Ms store ana opened with the others. His bid
| was the lowest, and NJ. said the work was bis.
| He vent around the next day and NJ. said that
| he had received another bid when he got home,
which was lower than his, (plaintiff-s.) Witness
| said such bid should not be counted, for il was
| rot opened with the others, and he claimed the
| work. Muehlbeisen then said he could not give
| the work TO plaintiff because no was not q Ger
! man, and that he would give the work to MIR
I Kaiser. Witness was some four or five days
/ figuring. Several witnesses followed, cOrrobo-
| rating the testimony of plaintiff as to Muehl-
| heisen saying the work was his. (plaintiff.)
| The defendant testified that he did not award
the work to Hewlett; that on opening the bids
\ he said 81 suppose the work is yours, and will
4 give ii to you il l can do no better" After he
went home be found a bid there from Mr..
Mack, which was lower than Howlett's, and
| the next day when he heard of IL he got mad
| and said he would not do the work for 500 ad-
| ditonsl. He IN } then ssid he would give the
work TO Kaiser. Hewlett had begged the chance
| Of bidding, and he was under no legations to
give the work 10 him. Hewlett wanted to put
in the bid to show what he could do, so he said.
Kaiser was doing the work at Mack's figures.
| The counsel djOurned the case and submitted
1t to the jury, who, after celebrating three and
| half hours, found q verdict against defe ndant
in nominal sum and costs