Daily Republican., 1884-05-31
|'0I7Rr PROCEEDINGS
,nyorTBE LAPE.MOih
FCLt sroTHE ARGUMENT
LAST NIGHT
-, "a session of Superior

aornoou s session OF oupoiiu'
'riday asnrd al,erd't at 2.45 o'clock, wit viii
ut conSsneu vel. present. es Levi G. Bird
lbe judges asfrnse in the case of Lap,'
10, f., u ,nf Som, opened to the jury. ane DC
sA,,1;s a;!asssss, ws4. offered in eviaenc'
Bis isn,.act T,Ii''tllt entered into betwse, :,s
,s,Irs sg,,r'So for the erection of the build
,,Ders provide for the erection o o, o,
s,pnszy papF,' buildings at q cost o. .t| o.
ca sa'Dsiyh Tiih a promise that if the {.
~ sS"pJd %Ip at any time require any
.a,ious " yn, OF additions, or H., II 1nert .hs
N ,sp b. any omissions Of, or from 3i1 onl, tn,
[' pa, IA ,Jdsd ,JI 10, or deducted from the
t,ioD, aaI '''I It al also provides that in case =
Cnr rS,'J djspute between the owners VI ana n.
.p.c,"r, rs ",pp such disputes shall be set
BY arbitration ~ work m
,0ptract tv shall he considered az s. e1.
CUrs" aa Ia, tbe estimates for the cost
|, 1s" s,s, ~ submitted to the architect
,hs nsI, T,,ter's consent, attested by his
nature, obtained. so,,
,'r' I',,p Nv Mr.. Bird, but Mr.. Nields
pe'.J M an the ground that they were
|s'c,omnanied 'T by the plans upon
'S St ,hpr were based. After an ar
'spt .l between counsel, the Court de-
/ i that it should be left to the archi-
whether the specifications were
LJipg to the drawings. ,
{lEsrl L. Rice was recalled, and
kifel that the drawings were MADE
krdjDr 10 the specifications, and MT.
/ altered them in evidence. He also
Irrl ali the agreements entered into
keen tie parties, and q receipt from
kard l.. Rice, the architect, for the
fnt Of the contract price, and some
! thousands dollars over, which Mr..
FlGaimed was the amount due for
extra work,
| |i,p, Mr. Bird had offered these
4, Mr.. Nields cross.examined
ksl /, Rice, who was still on the
M, and when he ceas'd, Mr.. Bird
kuppcpl a redirect examination,
Sssred some time.
tha Moir Clark testified that b. is
Ottfe defendants in this action /;
Eas IN this country while the can
! was being built except the last six
Ks. when he was away. After the
)llug was completed, hs noticed
) one Of the walls was bulging, but
nothing about it at first.
bupimp afterwards he spoke to Mr..
pDl Mr. Lape about it, and they
kdit should be repaired, and recon-
klN Mr. Hlzar to do the work.
IaI+ saIlll would cost 81 ,00), and
witness said he would not pay over
Mr. HIzaI bad also done other
around the place, and the witness
posed that he had paid him at least
W. There was no contract for
ding the retort house, and it was
\ Oh rtrbaI agrt ement.
b. Hiza: done that work, and the
less knew that he was paid for it.
S.'1r's vas asked "a number Of
tJDs ol crJss.eAa1iuation by Mr..
'is some Of which caused lengthy
|usI0I between counsel,
l)Aa,B Ilhar was 70 called and
Med flat he had been paid money
NN llr ast lew days by the Messrs.
'@TyIa done for them
AT? !@lt recalled, and testified
" s'rSay complained OF ~ hav-
'a.I-lI down. was run into by a
OtyAgJb. 10 the Company, and
lie repaired 4. He also stated that
pdd tevrf Engaged Mr.. Hizar to do
work about the place.
DIS concluded the testimony, and
"J..'a~I al Il O'Clock until 7.3O
'A' "4ta an evening session was
" "lIr. The CASE was argued to
Jury Jy Ns'srs NieIds and Bird.
P.ty t''.r" Ioo'rjork Court adjourn.
[1" !0ocIock this morning, when
I#y WI. be charged.