The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1880-04-20

case being one likely to involve consldera-
PIE amount OF difficulty and uncertainty OF
title nerafter, at the suggestion OF the Court
q compromise verdict was agreed upon bv
the terms OF which, both the Administrators
and Minick are to execute deed TO the pur.
chase and the purchase money to be divided
between them. Mclntire for plaintiff BAR
nett and Smiley for defendants.
Andrew Baker VS.. Geo +. CloaIxe and D.
7. Hasslngsr, trading as Geo. II. Cloak &
70, In the month of May Of last year, the
defendants took q lease of all the mineral
known MS the red oxide Of iron, on the farm
Of Henry f. Smith, In Carroll township. This
mineral has the qualities for making super
ior red paint when finely ground, and machin-
cry Tor that purpose was erected at the mills
OF Frank Gibson, short distance below.
lley entered into contract with the plain.
tlif, who was an experienced miner, to open
cut until 1t was necessary to 90 under
ground and then run drift to the ore, for
certain stipulated price per yard. Plaintiff
continued until his claim for work reached
the sum Of 5000 when having received but
S20, he refused to continue work until the
balance, or considerable part thereof, was
paid him. His demand not being com piled
with, he ceased work and broughtsu before
Il. Is. Clouser, Esq, in Bloomfield, where he
recovered Judgment for the sum of S54.5O.
From this judgment defendants appealed,
alleging that the contract was entire, and by
Its terms only such sums of money as thew
saw proper to advance were to be paid before
the drift reached ore and plaintiff having fail
ed to perform his part of the contract was
not entitled to recover. Verdict for plaintiff
for S5622. Smiley for plaintiff AIcIntlre
for defendants.
Philip Jacobs VS.. The School District of
Saville township. Plaintiff In this case con.
tracted with the defendants some wears ago
TO build School House. Certain speciica-
uons l0 were given and the plaintiff began work.
When the building was completed the de-
PENDANTS held back portion of the contract
price, alleging. that the work was very in
1erlor job; that where the specifications
called for the walls to be filled up with soft
brick, In places they were filled with shavings
sweepings of the school house and ground
that INFERIOR lumber was used and in other
particulars the specifications had been depart
ed from 1t was to recover the money thus
held back that this suit was brought. The
jury made deduction from the contract
price, for certain things in which he fell short
of his agreement, and then rendered YER
diet for plaintiff for $226.71. Markell and
Junkln for plaintlff-Mclntire for defendant.
This finished the jury trials. The following
are the most important items of miscellaneous
business transacted.
Upon the petition of certain citizens of Oil
yer township and elsewhere, for q rule on the
Supervisors of Oliver township to show cause
why mandamus should not issue to compel
uleh W opeh tle puDllc loau laUely lalu OUT
to the new county bridge crossing the Little
Buffalo creek. Mandamus awarded, but not
to be taken out until the further order of the
Court. Sponsler. attorney
Sale of real estate by j r. Robinson, as
signee of w. III. Kaufman, to Amos Watt,
set aside and an alias order awarded ON same
terms except as to time. Smiley, attorney
VIM. B. Leas, Esq, appointed Sequestrator
of the life estate of Elizabeth Devices in Tus-
carora township, Sponsler, attorney.
Decree awarded authorizing the Trustees
of the New Buffalo Bnilding Association, now
dissolved, to sell certain real estate III New
Buffalo borough. McAllister, attorney.
Sale of tract of land in Liverpool town
ship to Nj. B. Holman for $3.50, subject to a
widows dover, and also four lots of ground
in New Buffalo borough to Valentine Varnes
for $500, confirmed. McAllister, attorney.
Rule granted on creditors of Samuel Miller
and wife TO show cause why an order of sale
to sell real estate should not issue to H. l..
Tressler, assignee, etc. Sponsler, attorney,
Bond of Geo. w. Helm, Committee of Fred
w. Helm, lunatic approved Markle, atty.
A. b. ClOuser, assignee of Thomas Sutch,
discharged upon his own application, he hav-
ing performed the duties OF his said trust.
Barnett, attorney.
John S. Wetzel Esq, appointed Examiner
to take testimony in the proceedings in divorce
in case of Shof VS.. Shoff.
Rule granted upon the creditors of Daniel
Cless to show cause why A. b. Clouser, his
assignee, should not be discharged from the
duties of his trust. w. ii. Sponsler, atty.
In Noviock vs. Novlock, j. b AIcAllster,
ESD, of Oil City and Sam'l A. Peale, Esq, of
Bloomfield, appointed Examiners to separate
ly take testimony. McIntire, attorney.
Rule granted on DIR. VIM. II. Cisna as
sgnee of Geo. Jacobs and wife, to show
cause why he does not sell the real estate
assigned to him and account for the property
which came into his hands, &c. Sponsler,
attorney
Sale of real eff real estate by VIM Blaln,
assignee of James Barkley, to Henry l..
Tressler, in trust for heirs of Jos. Jones,
deceased, forS16O1.16, confirmed. Potter, atty.
ROAD PROCEEDINGS.
Q. @. Brandt, Geo. Ulsh and o. p. Wright
appointed re.reviewers of the Brady's Hollow
road. Sponsler, attorney
Jonas j Smith, II. b. Zimmerman and
Henry Fickes appointed viewers to view and
lay out road from near Elkanah Sweger's
lane to point near jeremiah Burkepile's
wood-hOuse in Saville twp. Sponsler, atty.
Report of viewers to view, lay out and va
cate parts supplied of road near Baily's
barn, in Centre twp, confirmed aisS.
A, B; Glouser, Esq, Jas. ,Mcllhenny and
VIM. Mckee are re-app0intcd re-reyiewers to
re-review part of public road at the borough
of Marysville. Sponsler, attorney.
The viewers appointed to view and report
upon site for county bridge across the
stream at head of Waggoner's Dam, reported
IN favor of county bridge. The said report
was approved by the Grand Jury and the
Court and certified over to the County Com
mission ers. Smiley, attorney.
ORPHANS COURT.
The return of the administrators of d aniel
Ebert, decd, to an order of sale, setting
forth certain real estate was sold to Samuel
Ebert and George Holtz fer $l160O 90 was
changed so as to read that the said sale was
made for the sum of $769062, subject to a
mortgage of $1,000 28 Barnett, attorney.
Sale Of real estate by Eliza Mickey, adm'x