Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-01-29
STATE OF MAINE.

kKSsEBEc IS. Supreme Judicial Court. Oc-
The Moosehead Pulp and Paper Co. va Melville
c Grant and John Aver of Oakland Trustee.
And now on suggestion to the Court that Melville
G. Grant Of Boston. Mass the defendant at the
time OF the service of the writ was not an inliabit
ant of this State. and had no tenant, agent, or
ar ess aI seen tashsa tn IN h h' ston
and that he has had no notice OF said
suit and attachment, II is ordered that notice of
the pendsncy Of this suit be given TO the said de
PENDANT by publishing aitested eopy of this
order, together with cspy of the plaintiff declara
ton, three weeks successfully in the kENNEBEC
JOURNAL, newspaper printed al Augusta, in the
County OF kennebec, the hast publication TO be
not less than thirty days before the next
term of this Court, TO be holden at Augusta.
within and for the County of Rennebec. on the
nrst Tuesday of March, 1891. that said defendant
may then and there appear, and answer to said
suit, IL he shall see cause.
Attest: VS.. CuoATE. Clerk.
Writ dated June Is, Isso, returnable and
entered AT Oct. term, 1880. Defendants goods
are attached TO the value of 5000 to answer unto
the Moosehead Pulp and Paper Company, q
corporation existing by law and having an e.
County of Somerset and state of Maine; In u plea
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. ID. 1859. at said Embden. bearing date
the same day. one part whereof, under the hands
and seals of the said Grant and the plaintiff, Is
and agreed with each other in the words and ing
ure5 following, viz.
For the uniform price OF three dollars and
nintv seven and one half cents (S3g7D per cubic
yard the Contractor (mcaning the defendant
agrees to build and compete before October 30th,
1889, in thorough and workmanlike manner to
meaning the plaintiffs engineer) the stone
masonry foundations and building walls OF the
Company's Mill (meaning the plaintiffs mill at
Embden, Maine. according to the plans, lines,
lpve ~ he tfnJnunuyfs iUanP
(meanng the pl ,intih's engineer under the fol
lowing specifications
/. All the stone work and walls to be well
bonded. built with as much care and neatness
as Is possible In this class OF work, laid by the
line on the face and wcIl pointed with finely
tempered cement.
and stretchers so that at least one quarter of the
stones snail be headers and be immediately over
the etretchers of the underlying course.
3. Necessary backing and filling to be done
with good sized stone laid to break joints and
bond the work well, leaving no spaces over six
inches. and such spaces are TO be well filled with
grouted.
4. All cement to be of the best quality. freshly
burned and ground hydraulic cement of the
brand and TO stand proof tensile test of
fifty pounds to the square inch of sectional
area on specimens allowed n set of twenty min
utes in air ana twenty four hours under water.
s. All cement mortar to be made of part
in bulk Of cement to two parts in bulk of clean.
coarse, sharp sand well and thoroughly mixed
together in a clean board box before addition of
water, and to be used Immediately after mixing.
No mortar left over night to be used.
8. All lime and cement mortar to be made
as above specified except that for one half the
bulk Of cement an equal bulk of lime is to be
frhstituted.
7. All cement used in grouting TO be mixed ~
specified in paragraph number 8. and to be liquid
enough to run freely. All grouted wall to be
filled ut least every course.
8. All masonry to be paid for by the cubic yard
measured in the wall. computing only the actual
solidity thereof. any customs. ussges or CONVEX
tional measurements to the contrary notwith
standing.
9. The heavy hydraulic walls. piers and arches
(which are estimated to contain about twelve
hundred $1,000 cubic yards) to be built of tn
largest stone furnished. laid up with cement
mortar and well grouted. The lighter foundation
walls. supporting walls and wing wallis (which
are estimated to contain about four hundred (400)
cubic ysrds) to be built of smaller stone laid
up with cement mortar. The building walls
above the foundations (Which are estimated to
two feet thick, to have two faces and 10 b.
built Of smaller stone laid up with lime and
cement mortar.
The Contractor (meaning the defendant)
agrees that all labor and materials are to be at
all times subject IN the inspection and approval
of the Compauys Engineers and Inspectors
meaning the plaintiffs inspectors and rngineers)
who shall have authority to reject bad work and
materials.
The Contractor (meaning the defe ndant) agrees
that no increase in the amount of masonry, with
propcrtionate increase of time for execution, and
no decrease, not exceeding three hundred l3o0)
cuti; yards, shall alter the rate per cubic yard or
entitle him to any extra compensation. and that
any changes may be made in the plans, lfnes
levels and grades AS to uncompleted parts of the
work.
The Company tmeanng the PLAINTIFF agrees to
Furnish within owe hundred and fifty 100 feet of
the mill site stone quarried in the rough and to
allow the Contractor (mt aiming the defendant
TO take sand from its premises free.
The Contractor fmeaning the defendant agrees
to hamm dress all stone, to furnish all other
materials aud all tools, machinery and labor at
his own proper charge aud expense ana 10 lay the
masonry work as above described and specified
The company (meauing I've plaintia) agrees to
give the Contractor (meaning the d.fendan.) a
reasonable increase Of time in which to finish his
work under this contract IL strikes affecting this
v ork occur among his workmen at the Falls, and
to repay the Contractor {IneaniDg the defendant)
any proper wages he pays his employees for the
time they lie idle through the FAINT of The Com
pany fmeaning the plaintiff in not furnishing
stone promptly.
The Company fmeanng the PLAINTIFF agrees to
pay the Contractor tmaaning the defeDdantl once
IN thirty Gays eighty ts0l per cent Of the money
doe him for work aone hereunder during the
thirty days Immediately preceding the payment,
upon the estimate OF is Engineer tmeaA9hg the
plaintiffs enaineer) and 20 pay him the balance
thirty eight days after the complexion or the
who'll work. Payne nts to be made only upon the
cer;itentc of the Compapys Engineer tM-aning
the Ii7intifTs engineer that the work has been
done in a woFsmanIike manner ard Is. together
with the materials to be furnished by the Con
tractor (m*anng the defendant, according TO
the terms of this contract.
And row the plaintiff says that he 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 since elapsed
yet the said defendant has not built and com
pieted said mil of the plaintiff in any manner
but wholly negects and refuses so to do; and ~
the plaintiff says that the said defendant has not
Kept hts said covenant, made with the plaintiff
as aforesaid, although often requested so 10 do,
but hiss hitherto refused and still refuses to do
and 80 has broken the same.
Date of srrvie" on Trustee june 25. 1880.
true copy of the order of Court and plaintiffs
d. clnrsfiOu.
Attest: VS.. CHOATE, Clerk.
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