Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-01-22
COR BRIDGE & WATER STREETS
STATE OF MAINE.

KEsSEEEc IS, Supreme Judicial Court. Dc
The Moosehead Pulp and Paper Co. VS., Melville
Grant and John Aver OF Oakland Trustee.
And now on suggestion 10 the Court that Melville
c. Grant Of Boston. Mass the defendan: at the
time of the service Of the writ wss. not inhabit
ant of this State. and had no tenant, agent, or
or estate have been attached in this action,
and that he has had no notice OF said
suit and attachment, it is ordered, that notice of
PENDANT by publishing attested copy of this
order together with cspy OF the plaintiff declara-
ton, three weeks successfully in the kENsEBEC
Go.n,y ~ newpap,s printed a. MnSIsfa IN ihs
not less than thirty days before the next
term of this Court, to be holden at Augusta,
within and for the County of kennebec. on the
inst Tuesday of Narch. 1881, that said defendant
may then and there appear, and answer to said
suit, if he SHALL see cause.
Attest; WIS. CHOArE. Clerk.
Writ dated June %. 1850, returnable and
entered 1t Oct. term, 1890. Defendants goods
are attached TO the value Of 5000 to answer unto
the Moosehead Pulp and Paper Company, u
corporation existing by law and having an e.
tablishcd place of business ut Embdeu in the
County of Somerset and State of Maine; IN u pies
OF covenant broken for that whereas, by certain
deeds, interchangeable made between the said
Grant and the plaintiff on the twenty fifth day
OF July, A. d. 1859. at said Eulbden. bearing date
the same day. one part whereof. under the hands
and seals of the said Grant and the plaintiff, is
III COURT 10 De iTDuuccu, MUTUALLY cOSeni0' I'd
and agreed with each other in the words and zig
ures following, viz:
For the uniform price of three dollars and
ninty seven ami half cents (s397D per cubic
yard the Contractor (meaning the defendant)
agrees to build and com cte before October soth,
1889. In thorough ana workmanlike manner to
the satisfaction of the Company's Engineer
meaniog the plaintiffs engineer) the stone
masonry foundations and building walls of the
Company's Mill meaning the plaintiffs mill at
Emeden, Maine. according to the plans. lines
levels ana grades OF the Company's Engineer
(meaning the plaintiffs engineer under the fol
lowing specifications
/. Ali the stone work and walls to be well
bonded, built with as much care and neatprss
as is possible in this class of work, laid BY the
line on the face and well pointed with finely
tempered cement.
and sfretchers so that AT least quarter of The
stones SHALL be- headers and be immediately over
the stretchers OF the underlying course.
3, Necessary backing and filling to be done
with good sized stone laid TO break joints and
bond the work we'll. leaving no spaces over six
inches and such spaces are TO be well filled with
Primers or sprawls laid in cement and well
grouted.
=. All cement to be Of the best quality, freshly
burned and ground hydraulic cement of the
brand and to stand proof tensile test Of
nifty pounds to the square inch of sectional
| area Oh specimens allowed n set of twenty min.
utes in air and iwenty-four hours under water.
8. All GENE Mt mortar to be made of one part
in bulk of cement to TWO parts in bulk OF clean
coarse, sharp sand well and thoroughly mixed
together in clean board box before addition OF
water, and 10 be used immediately after mixing.
No mortar left over night to be used.
o. All lime and cement mortar to be made
as above specified except that for one. half the
bulk q cement an equal bulk of lime is to be
Z. An cement used in grouing to be mixed NJ
specified in paragraph number g. and to be liquid
enough TO run freely. All grouted wall to b.
filled at least every course.
8. All rasonry to be paid for by the cubic varo
measured in the wa l. computing only the actuaI
soiidity thereof, any customs. ussges conven
tional measurements to the contrary notwith
standing.
9. The heavy hydraulic walls, piers and archie,
which are estimated to contain about twelv,
largest stone furnished, laid up with cemen,
mortar and well grouted. The lighter foundation
walls. supporting wall. and wing walls (which
are estimated to eoutsn about four hundred 400
cubic yard.) are TO be built of smaller stone Iait
up with cemen. mortar. The building walls
above the foundations (Which are estiuis.ed to
two feet thick. 10 have two faces and 10 b.
built OF smaller stone laid up with lime and
cement mortar.
agrees that all labor and materials are to be o,
an times subject IT, the inspection and approva
Of the Company's Engineers and Inspector,
(meanin, the plaintiffs inspectors and engineers
who shall have authority 10 reject bad work and
materials.
The Contractor (mcaning the de ndant) agrees
"
proportionaie increase of time for execution, ana
no decrease, not exceeding three hundred 1900
cub; yards shall alter the rate per cubic yard
entitie him to any extra compensation, and that
any changes may be made in the piaus, lines,
levels and srales as to unconpletvd parts of thu
work.
Furnish within one hnndred and fifty (l50j feet Of
the mill site stone quarried In the rough and to
allow the Contractor me Ding the defendant)
to take sand from its premises free.
Tile Contractor meaning The defendant
to hamm dress all stone, 10 furnish all other
materials and all tools. machinery and l-bor at
his own proper charge and Expense and to lay the
masonry work as above described and specified.
The Company meaning Il e plaintiff agrees to
give the Contractor tmeanipg the d.fendan y
REASONABLE. increase of time in which to finish his
work under this contract if strikes affecting this
work occur among his workmen at the FslIa, and
to repay the Contractor meaning the defendant
any proper vases he pays his employees for the
time they lie idle through line fault of the Com
PAM tmeaning the PLAINTIFF in not furnishing
stone promptly.
The Company meaning the plaintiff agrees to
pay the Contractor meaning the defe ndant) ono.
IN thirty days eighty (s0) per cent OF the money
due him for work aone hereunder during the
THIRTY days Immediately preceding the paynen
plaintiffs eneineer) and to pay him the balance
thirtypieht days after the completion OF the
whole work. Payments TO be made only upon the
ceftiheate OF the Company's Engineer {ul-anipe
the Ii-iniif's engineer that the work has been
done in a workmanlike manner and Is, together
with The materials to be furnished by the Con.
tractor meaning the defeudant), according to
the terms Of this contract.
And now the plaintiff says that be has done and
performed all things by him, according to the
covenant Aforesaid, to be performed and that the
time Of performance by the defendant of his part
OF the covenant aforesaid has long siaee elapsed;
yet the said defer dant has not built and com.
pleted said mil of the plaintiff in any manner
but wtoilv negiecte and refuses to do and 30
th- plaintiff says that the said defendant has not
lept his said covensot, Hssde with the plaintiff
n N air AIF fh..tt rfzI
but hiss hitherto refused and still refuses so to do,
and 70 has broken the same.
Date OF service on Trustee June "a. ise0.
true copy of the order Of Court aud plaintiffs
de clare ton.
Attest: W. CHOATE Clerk
iani5,x2,.9