The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-12
DENNY HOTEL FIGHT.
The Involved Suit Slowly Drag
ging Along.
CASE FOR POTvIN is CLOSED.
He Claims That He Was Hindered and
Put to Expense by Alterations
MIR. Denny's Evidence.
CASE FOR POTvlN is CLOSED.

The Denny hotel case is dragging wear
fly along before Referee Bell in the library
room of the courthouse. and the attorneys
sometimes find IL difficult TO gain entrance
into the room because OF the mass ol
plans and Specifications that are scattereu
about. There are number or parues 10
the suit. the principal ones being taplan
Potvin, who claims first lien; the COT
nell university, which holds the first mort
gage and the hotel company. The univer.
sity is seeking 10 secure a foreclosure OF
its Si01.0oo mortgage against the hotei
company. secured in the fall oil lSss: rot
win is endeavoring to establish MS lieh
against the property. and claims IL Is plio.
to the mortgage, as he ccnmenceu WORN
before the making of the loan Inc iiu-
merous other lien holders are also cialm-
ing priority over the Cornell university
mortgage on the same ground as Potvlh.
The case being a consolidated one, there
Is small army of lawyers in attendance
daily.
The testimony of Fabian Potvin, the
contractor; of Hutchison, superintendent
OF construction, and of A. Wickershahi'
supervising architect, with the exception
of the cross-examination of the latter. Is
In. and Ia to the general effect that Potvln
was required to make a large number OF
alterations, retarding him greatly IN MS
work and causing him to lose much money
Potvin's testimony was that Wlckefshdih
made several threats against MN III
controversy over alterations. A. A Denny,
president of the hotel company. turnisheu
the most sensational testimony SO rar III
the trial to the effect that the company
was insolyent when Potvin was called on
to complete the building. Several expert
witnesses will be called for the detensc'
and the attorneys for Potvin Will can a
large number In rebuttal. The trial VIII
probably continue for some days
Potvin testified that he began work I'M
mediately after the contract was let, oy
making frames. etc, and that ne was
prevented from proceeding with the con-
struction of the walls and building ns
reason of the company not preparing the
grounds to receive the building, ana that
after he had the second story up ana
joists on, the company decided TO make
change in the plans 10 enlarge the ioboy.
which necessitated the tearing down of
some of the walls and the abandoning
of old foundat ions TO receive the new
walls: also the procuring OF two IRON
columns beams and other iron work he
said he had TO send TO Pennsylvania LOT
the iron and that on the whole TINS
change delayed him about six weeks IN
the best part of the year and prevented
him from enclosing the building before
the rainy season set in. He told at length
how he was compelled to change the vent
pipes for the closets. when 1t could nave
been modified by running UP one large
pipe, with the smaller pipes on each floor
corrected instead of running pipes from
each floor; that numerous changes were
made which resulted in delay or from
six to eight months in the completion OF
the building and increased the cost A2,-
O00
He also Justified that he had ample
means to complete the building. had the
company compiled with its contract with
him, and while he expended $4,000 ne
had only been paid $500. when he was
entitled to SO per cent. of the cost of the
completed work; that he could have COM
pleted the building on $1,000, and that If
the company had paid him 5000 in cash.
with the credit he had with material
firms and the material he already had on
hand, he could also have completed the
work. He said that Wickersham told him
one day in a dispute about some mortar
that the plasterers had spilled on the
floor that if he did not take up the floor
ing and put down now he would see that
he never got another cent" and that
when he told him he would not take UP
the flooring Wickersham replied 'Old
man; I'll bust you" He said they had
several disputes over changes and other
matters.
Superintendent Of Construction Hutchi-
son was put on the stand on behalf of
Potvin. He ccrroborated Potvin's testi-
mony in many regards and went into min
ute details of the many changes and al
teratlons, stating that the company con-
tracted for one building. but really
through the medium of changes compelled
Potvin 10 put up another. Hutchison's
testimony was not materially changed by
cross-exanlination
a. A. Denny, president OF the hotel
company. was called for Potvn and said
! he was president Of the company: that at
| the time the company served the notice
| on Potvin that IL would take charge OF
| the building and complete II II he did not
| go ahead with the work the company
| was insoivent beyond all hope of redemp-
| ton, and was utterly unable TO comply
with its part Of the contract. and was
without any means whatever 10 proceed
| with the constructions
| A. Wickersham was the first witness
/ called for the defense and Is still on the
1 stand. He testified that Potvin had been
| paid $500. which was all he was entitled
/ to under the contract: that this amount
! rad been paid n eight payments, and that
/ the work required for the ninth payment,
! when completed would have entitled Pot
/ win 70 $4,000; that when work was stopped
| Potvin had performed al this work, with
! the exception OF s.. 100 and that In addi-
ton - this he had performed 5000
/ worth Of work required TO be done for the
/ tenth payment but that he (the witnessl
/ could not allow him anything because he
/ had not completed his work on the ninth
payment.
/ Understands Testimony on the con
strtlction was 70 the effect that part OF
| the extras claimed ny Potvin should he
/ allowed but he claimed that the prices
charged we're excessive. and placed the
values OF labor and materials charged by
| Po.vin az about half. Other extras claim
| ea by Potvin. he sad. were called Tor ny
the original contract. Several OF the ex-
tras claimed could not b. Identified by
him as being in the contract lie SAID
| II would take 81. 2fS. & 20 complete the
building using the sesooe worth % mate
rial row on hand ana provided by Pot
win.
II. J. Wells. contractor, TESTIFIED mat
| & would cost So. 0D1 70 complete ine build
ing IN his opinion il would take 5000