National Republican. (Washington City (D.C.)) 1872-1888, 1875-04-15
NI9KTs0IL.
suit ARninrt thu nintriet.

Msssrs George ". PasehaI and R. T. Msrriek
have brought suit against the District Of Colum-
biA for Frederick p. Sawyer, for breach Of con-
tract, claiming damages in the sum Of one hun
bred thousand dollars.
In the declaration as hIed the plaintiff says
that on the LIST Of July, 1877, at the District Of
Columbia, the defendant, q. U. Cox. president Of
the Board Of Health, acting for the District Of
Columbia, entered into contract with the plain.
tih, whereby, in consideration Of the covenants
and agreements Of the plaintiff hereinafter stated
the plaintiff agreed with the defendant promptly
and faithfully to remove from Q wharf on the
Potomac river known as PHILIPPE wharf, situated
at or near the terminus Of "Gn street, Washing:
ton city, District Of OolHmbia, and from wharf
at or near the southeastern teTminusof rs" street
SOUTH in said city and District and on said river,
all the S the gtS what = GnS aTS
Georgetown, IN the District Of Columbia, TO .
place outside the corporate limits Of said cities,
and sufficiently distant therefrom to be satisfac-
tory to the defendant for the period or term Of
years, commencing on the 5th OF July, 1872, or as
soon thereafter IS practicable.
And the defend ant, in consideration Of the fore
going covenants and agreements on the part OF
the said plaintiff, cOyenanted and agreed with the
plaintiff that the defendant should and would, At
its own cost and expense, provide, obtain, and
secure TO the plaintiff the free and uninterrupted
use of he river front at both Of said WharVes,
sumclent Tor the scayengers OF said cities or such
other person or persons as the defendant might
employ or select TO deliver said boats or barges
the contents Of the privies or night-soi. And the
defendant turther agreed that Il would promptly
and regularly furnish and deliver, or cause TO be
furnished and delivered, st Its own cost and ex-
pense all the said contents ofthe prives or might
soil, in the said cities, board OF said boats
barges to be provided as Aforesaid by the plain
tiff. And the defendant also covenaated and
agreed to pay TO the plaintiff for services afore-
Eaid (the removing the night-sOil Of Washington
and Georgetown Aforesaid beyond the limits Of
said eities) the sum Of twenty thousand dollars
Der annum, in equal monthly payments, for and
curing the whole period or term Of ten years. said
payment to commence with the beginning Of the
work.
And afterwards, to wit, atthe city of Washing
ton, in the said District of Columbia, on the ID
Of September, 1872, the said defendant, by its
ottieers, known as the Board OF Health, lawfully
thereunto authorized, entered into another GER
tain contract with the plaintiff OF that date,
signed by Chris. Q. Cox, Presdt. Of the Board
Of Health, ID. O., meaning president ofthe Board
Of Health for the District Of Columbia aforesaid,
and intending thereby TO bind the District Of
the plaintiff by the style Of IF. r. Sawyer" And
by the first article of said contract the defendant
agreed and obligated themselves (meaning the
Seventeenth street and south IS" streetWAarves,
then designated and used for the shipment of
night soil, on board OF boats there provided by
the plaintiff, all the garbage (ashes excepted) Of
the cities Of Washington and Georgetown, in the
Eaid District of Columbia. And by the second
article Of said agreement the said defendant
agreed that It would, upon application for inform
alton, give due notice 10 the plaintiff OF all dead
animals and condemned meats in the aforesaid
cities, and would accord to the plaintiff the ex-
elusive right of collecting and removing the same
providing that 1t be dsne without any charge
whatever upon said Board Of Health, and to the
full and entire satisfaction Ofthe same.
And by the third article the plaintiff agreed
and Oblig ated itself TO remove all OF said garbage
(ashes excepted) delivered on board Of plaintiffs
boats, provided by him for that purpose, as also
all dead animals and condemned meats Of which
he may be informed, under the terms Of article
two OF that agreement, to such q distance beyond
the limits Of the cities aforesaid may be salts
factory to the defendant, and this without cost
and expense to them, (meaning the defendant.)
And by the fourth article Of said agreement It
was contracted that the agreement should take
thereafter as practicable, and should remain in
force until the ID Of September, 1873; provided,
nevertheless, that the plaintiff should have the
optien TO extend said contract for the period Of
ten years, by giving thirty days notice before the
day last aforesaid Of his desire to continue II.
And the plaintiff says that he did, thirty days be-
fore tie I'd Of September, 1878, give notice Of his
and there, to wit: on the day last Aforesaid,
agreed that said contract should continue for ten
years from its date with all the hts guaranteed
to the plaintiff by said contract, which agreement
for . continuance OF the contract has ever since
been acted upon by the parties TO said contract
down to the time hereinafter stated. And the
plaintiff says the defendant has not kept Its
agreement and contract.
And the plaintiff says that by reason Of the
breaking and refusing to keep said contracts BY
the defendant, and refusing TO allow the plain.
tiff the profits and privileges thereof for the
whole periods stipulated, and the failure and re-
fusal to pay the plaintiff the moneys due him
and the interest thereon for the services already
rendered, the defendant has damaged the plain
tin one hundred thousand dollars: and therefore
he sues. The case will not be heard until next