The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-08-26
A MECHANICS LIEN.
Carpenter George Sprlnger's Action III
Filing One Has Opened an Inter-
esting Case.

George Springer, carpenter, has filed
nMagistratePr PriJchett's Office mechanics
lien against Edward Il. Furry, contractor,
who lives at Fourth and Adams streets,
and George Carter, owner of tho property,
NO l0lT Monroe street, for work done In
tho construction Of kitchen and upper
porch at the rear of said premises.
The eamount OF tn, claim. being q bal.
ance due is about $3a. Furry claims that
Springer was partner in the contract but
both MT. Springer and Mr. Carter deny
this and tho lattor says that he never
Knew Springer In the matter, this con.
tract having been made with Furry. Tho
hearing Will be Thursday evening.
Robert q. Fraim represents Mr.. Sprin ger
and Henry G. Conrad represents Furry.
Furry contracted to build the addition
for SlS9.0O After that contract was mado
and signed Mr.. Carter verbally contracted
with him to cut an arch between two Of
the rooms and make sundry other repairs,
aggreFating with the original contract
price $ll3.l4, which included, tho hauling
Of bis boat. Springer did most of the work.
Before tho work was completed, Mr..
Carter paid Furry 800 on account and
took his receipt therefore and has been
sorry ever since that he did 1t. But for a
warning given him by James Campbell,
the pasterer, it is likely that he would
have paid Furry the entire amount. But
Campbell advised him before paying any
more to got receipt and also release
from all mechanics liens.
This opened Mr.. Carter's eyes and he
obtained from MIR. Springer u list of those
who had furnished labor and material Oh
tho buildiug After the work was COM
pleted Furry. who had never rendered an
itemized bill called on Mr.. Carter for
settlement.
Ho demanded rolease from liens. Furry
brought him one but when he examined it
he found that the name of Victor Pyle,
who furnished the lumber, and Mr..
Springer who did tho carpenter work
were not on 1t. AS they were the two
having the heaviest claims MIR. Carter re.
fused to accept tho release. Furry then
asked him II he was willing to pay for al.
legged alterations In the size of tho sash,
and was told that he was not rs he never
authorized tho same. Furry then left and
tho next time Mr.. Carter met him was in
Howell 8. England's law office. where
Furry proposed a compromise and dc.
l1iandeu another extra which was also de.
MED.
At that time he presented bill for
hauling the sailing skiff and Mr.. Carter
tOlu him he would hold 1t until he saw
how ho caiDo out in the matter of the me.
chanics' liens The interview was quite
heatea ana Furry endeavored to retain
Mr.. England to take his case against Mr..
Carter but MI. England refused it both
for personal reasons md because he was
already engaged in prosecuting claim
against Furry for bricklayer named
Bottsford who had done work on tho
OHara house at Fourth and Adams
streets: Mr.. Springer called on Mr.. Car
tor and told him he would never sign the
release until he saw tho cash. Mr.. Pyle
also called on him and presented his bill,
amounting TO about s5l.
James Campbell, the plasterer, who had
signed tho release, get it from Furry and
cut his namc out of it with knife and
brought 1t to Mr.. Carter to keep. He OBJ.
tanned from Furry an order for his claim,
amounting s, to about SIS, and that was re.
fused because 1t did not state for what
pupose the money was to be paid. Camp
BELLS claim was paid, but not
The claim or tho man who dug tho trench
for the foundation. Mr.. Carriers lawyer
advised him to make n tender of the $1131 IA
due which he did, and Furry refused to
accept IL. Furry then sent in his itemized
bill, and 1t contained extras never ordered |
by Mr.. Carter, and of which he was wholly |
ignoraut amounting to about S32
He was Immediately notified that these
extras would not be paid. Meanwhile Mr..
Pyle had retained William S Hfles to fill |
n mechanics lien to obtain tho money |
that Furry owed him. Furry had promised |
him an order on MIR. Carter and when /
Mr.. Carter sent him to get 1t he refused
to give 1t to him. Afterward Furry re.
tanned ii. q. Conrad to prosecute his suit
and Mr.. Conrad advised him to give Mr..
Pyle tho order which ho did and which
Mr.. Carter Immediately paid. Then
Furry promised Springer to obtain his
money for him but he put 1t off from time
to time until Springer called on Mr..
Carter an told him that for his own pro
lection he would have to lien as his time
had almost expired.
Mr. Carter told him to go to Furry and
tell him he had called on Mr.. Cartor and
had told him he proposed to lien and that
Mr. ~ Garter told him that he could lion and
DO darned rs he had money enough in
hand to meet the lien aui also pay the
costs and that If Furry wanted to fritter
way his money in magistrates courts he
could do SO, rs the costs of the lien would
'ome out of the fund in hand.
Springer went to Furry, got neither cash
lor order and for his own protection filed
lis lien and Mr.. Carter says he never knew
springer in the matter as II contractor inI
hat all or his dealings and contracts wore
With tho man Furry, who is IL stair builder
" tra1o, but IN dull season takes small
obs of carpcntoring.
AS regards tho controversy between Mr..
Garter aud Furry the latter made tho
Proposition to refer 1t to three members of
he Builders Exchange This was refused
tut counter proposition was made that
+ be left to three referees, one 10 be chosen
" Furry, another by Mr.. Carter, and the
wo SO selected to chose tho third. There
he matter hangs. Unfortunately for
'ampbell and the man who dug the trench
hey arc cut out FROM recovering by the
lien process, but for their pro-
ncton Mr. Carter has assured them that
e will accept no release from any lien
yhich does not carry their names on it,
nd that they arc foolish if they sign until
hey get their money.