The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-22
, QUESTION OF CONTRACT.
"a mcdonnell hearing a Knotty
. Guano Case.

,.a,A mcdonnell hearing a Knotty
jus Guano Case.
Tia case of the Navassa Guano Company
4 ,bs Commercial Guano Company of this
r., came I'D for its second hearing in the
~ conrt Yesterday. There was mistrial
,,s case last August. Hon. W. h. Flem-
~ n Augusta and Hon. F. g. duBignon of
", city represent the Navassa company
vi charlton, Mackall & Anderson represent
- commercial company. After the Jury
"a besn secured and had been engaged on
a - case for several hours, an unexpected
'Treerlent was reached between the counsel
- try the issues before Judge MacDonelI
I'D the jurymen were discharged, much TO
& MAR satisfaction. In arguing on the law
aoin,s Of a contract, Mr.. Charlton gave his
a YfTinion as TO the meaning of the words.
SToors or less, in contract, which brought
h NJ Fleming to his feet with the remark
u .tst he was willing TO let the court pass on
bs construction Of the contract and have
4 ,ba case taken to the supreme court bv the
4 IA which should lose under that cOnstruc-
ton, ,,
n 20 even further and let the court try the
ssss on the facts and law without the inter-
Tsntion Of jury at all. 1--WE accept the
nd Mr.. duBignoD, and although Mr.. Charl-
ton did not apparently expect his PROPOSE
Non to be accepted he gracefully agreed.
Judge MaoDonel discharged the Jury and
,be case proceeded TO trial before him.
Argument was still in progress at IL o'clock
hi night. Judge MRcDonell will probably
render his decision to-day.
The case has already been written up in
ibs MORNING NEWS. Coleman g. Wray
Of Macon owed the Commercial Guano
Company s., 700, and President Huger, find
ng that the firm was In trouble went to
Macon to collect the bill. Coleman q
Wray did not have cash, but agreed to
1--WE him sufficient guano to cover the debt.
The firm had lot of the stuff in a ware
house andl Mr.. Huger In looking it oyer
decided that there was about enough TO
secure the Commercial Guano Company
1881 tons, and signed q contract to take
that amount, more or less, or all the guano
stored in the warehouse
Afterward Mr.. Huger discovered that in
stead Of 253% tons there was about 400 tons in
the warehouse, and he declined to take
more than the amount TO cover his BILL
Coleman & Wray sold the balance, they
allege, ct a loss, and they disposed of their
claims to the Navassa company. The latter
corporation at once entered suit against
President Huger for the difference in the
price at which he agreed to take the bulk
and what the stuff afterward brought.
A jury in the city court yesterday re-
turned a verdict in favor of the defendant
in the $4,000 suit against J. H. Fnrber by
Henry McAlpin, administrator of the estate
Of Mary Raderick. The suit was based on
allegations that after Mrs. Raderick's death
Mr.. Furber took quantity of her property
without paying for II. He proved, how
ever, that ne bought the articles from a
party who got them from Mrs. RAderick
legally.
Abe Matthews yesterday pleaded guilty
to assault and battery in the superior courv
and was sent to the ohsin-gang for a year
by Judge Falligant.
John II. Brown was fined yesterday In the
superior court for assault with intent to
murder, but got off with a conviction OF
stabbinR not In his own defense. He was
given year on the gang.
Anna E. Mitchell pleaded guilty In the
superior court yesterday TO larceny from
the house under the value of $50. One year
on the gang was her sentence.
ANOTHER BREEZE AT QUARANTINE