Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-01-16
CENTRAL LUNATIC ASYLUM.
FLANAGAN SUIT DISMISSED.
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supreme Csur Afnrms the Jsssmsss sf shs
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FDsnssas.
The Supreme Court Of Appeals yes
terday affirmed the decision of the Cir
cult Court Of Richmond in the case Of
the IReadjusterl Board Of Directors Of
the Central Lunatic Asylum rs. Flana-
gan. Judge Lewis delivered the opin-
ion, as follows:
This is writ Of error to a judgment
Of the Circuit Court Of the city of Rich
mond.. The facts Of the case are few,
and the principles Of law applicable
thereto we'll settled. Pursuant to an
act of the Legislature approved March
G, 1882, and amended and rcsnacted the
same day (Acts lS8l-'82, p. 246, ct
seq.), the plaintiffs in error, on the I'D
day Of August, 1882, directed the pre-
sident Of the Board TO make proper ad-
vertisement for bids for the erection of
new asylum building. Advertise
mant was duly made, and at subse-
qucnt meeting of the Board, when the
bids were opened, the bid of the de-
fendant in error for the proposed brick
and carpenter work was accepted. The
price bid and accepted was for
the brick work s24,995.50, and for
the carpenters work s24, ,480.50.
BY the provisions Of the act afore-
said the directors were required
to take bonds, with sufficient secu-
rity, from the person or persons
contracting for the work, in the penal
sum of eco, 900. With this requirement
the parties complied, the defendant in
error executing bond with sureties in
that sum upon being Informed Of the
acceptance Of his bid by the Board.
Afterwards-to wit, on the 23d day Of
October, l882-the defendant in error
was informed by letter from the chair
man. of the Building Committee that he
was desired by the committee to furnish
"more responsible bondsmen within
the next ten days. To this letter he
replied as follows: without waving
any right ! now have in the premises, ]
would offer you, in response TO your
request, the enclosed bond, on which
ar, ire names Of j. c. Wool and Edgar
AGan." Inis bond was in a penalty
ofsl3, 900, and, like the first bond, was
v ith condition for the faithful perform
ance Of the work for which the bids of
Flanagan, the defendant in error, had
been accepted. This bond, along with
the first bond, was approved and ac-
cepted by formal resolution Of the Board
of Directors at meeting held on the
3Oth Of the same month. And at the
same meeting the articles Of agreement
between the Board on the one hand and
Flanagan on the other, with speciiica-
tions attached. were spread at large on
the minutes Of the Board. Copies OF
these articles were ordered 90 be made
for the signatures Of the President and
Flanagan. The latter sigt 4 the copy
presented 20 him, wh, 'shs tGcranpon
forwarded hy the secretary 20 tac pre-
sident so BE- also signed by hrn bat
the latter, il appears, was at o. tnne
called from the state, and did not sign
it, though he tcstiiics tha. he would
have done 50 if he had received the pa
per before his departure from the State
The articles Of agreement and speci-
iications contained in full the terms of
the contract between the parties, and it
appears from Flanagan's testimony that
after the adjournment Of the meeting Of
the Board. at which his bonds had been
accepted and approved, and on the same
day. he was instructed by various mem
bers of the Board ito push ahead with
the work." which he soon thereafter
proceeded to do. II appears from the
minutes of the Board that at a meeting
the day after the acceptance of the
bonds Of the contractor q resolution To
reconsider the action by which the bonds
had been accepted was rejected, and of
this action. il seems, Flanagan was
promptly informed. Afterwards, how
ever, at a meeting Of the Board
on the 18th Of December. its pre-
yious action in respect TO the accept
ance of the bonds was, on motion.
set aside and annulled; and thereupon
il was resolved THAT Madison Flana-
gan be allowed until the 10th day of
January, 1888, TO give new bond as
contractor in the sum of $4,000, to be
approved by the Building Committee
and the Board" etc.
After being informed Of this action,
bond in the required penalty Of sl2.-
Geo. signed by e. II. Harmon and W.
W. Flanagan, was furnished by Flana-
gan. the condition being TO make good
any liability that might thereafter he
adiudged against the said Madison
Flanagan and his sureties " on the
former bonds to the extent of $4,000.
In letter TO the Board transmitting
this bond, under date Of January |,
1883. and referring TO its resolution re-
quiring It, Flanagan said Permit me
to say that do not concede your right
TO annex the last requirement as to
bond, aud against it | respectfully en-
tered my protest, maintaining and hold
ing as | do that our mutual promises
and agreements are now binding upon
both Of us. With the addition
of these names ION the bond now fur
nishedl, am prepared TO show that |
have given security upon penalty
Of $4,000, which Is far in excess
Of sl00. 600, and would submit that
your repeated demands might have ope-
rated harshly but for my ready ability
to 90 far beyond my present showing as
to endorsers. have not under
stood your last request as direction to
suspend work, and have continued to
prosecute the same as fast as the wea-
ther would ,.ermit, and have completed
the frames for ,he cellar"
But il would seem that the Board
was not yet satisfied, and accordingly,
al a meeting held on the 10th Of Janu-
airy, it was resolved that Madison
Flanagan be dismissed from the work,
and that advertisement be made for new
bids. Ii is true that there was oral
testimony that the resolution was erro-
neously entered by the secretary. For