Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-03-25

in the performance OF any OF the
agreements on his part, then Instruct
you that his discharge would be
wrongful and unauthorized by the
contract. And IL you 90 lind, thcn
the defendants should not recover
upon their oounter.claim, either for
the excess in the cost OF com dieting
the building over the contract price,
or for the $50 per day for tue time
required to complete the building after
the defendants took charge OF the
work.
VII you find from the evidence that
the plaintiff was delayed In the prose-
ton OF the work by the acts OF the
deiondaDts, 30 that he could not have
completei tho building by October ],
1898, aod II ypu further iind that the
piaiulin was entitled to an extension
vi time by reason OF such delays In
which TO complete the building and IL
you believe from the evidence he
could have competed 1t according TO
the plans anu specification within the
time OF such extension, then the dis
charge of the plaintiff Tor the reason
that he could not complete the build
ipg by October /, 1893, would be
wrongful auu unauthorized by the
contract.
"In this cnse the defends nts, the
County OF Salt Lake and tue City of
Salt Lake, have not only derived iall
tho material allegations OF the plain
tfi'5 complaint, but they have plead q
counter claim, IN which they AJAX Tor
judgment against the plaintiff for the
excess in the coat OF the completion Of
the BUILDING above the contract price
and alec Tor the sum OF $50 per day for
$50 daye, being the time claimed was
required to complete the building, ac-
cotding to the plans and specifications
after October l, 1893. On this part OF
the case L instruct you that tue coun-
ter claim is m uffi rmative plea, and all
the material allegations contained In
the counter claim must be shown by u
prepondsranoe Of the evidence. Ii
you believe from the evidence that
the discharge OF the plaintiff by the
defe ndants OF the time that he was was
not wrongful, but was proper and, JUS
tifisble under the facts and
circumstances shown to EXIT al
that time, and II you further
find that after the defendants
assured to take charge OF the work on
the building, they prosecuted the
WOih WAN bioHhNbh ahh
promptnsss until tue completion OF
the building IN accordsrce with the
plans and specification, anu that they
completed the work In an economical
and iudicious manner, then, instruct
you that the defendants would be- en-
tilted TO recover ON their counteI.claim
TO the extent OF the necessary cost
according TO the plans anu specific
lions iB excess Of the contract price,
anu for the sum OF $50 per Jay Tor
each day necessarily required to com.
pIete the work according go the plane
anu specifications.
"It you should fad there 10 o bal
ance DUE the plaintiff on mis- contract
| In this case, you should compute In
terest thereon from the date OF the
fling to this suit, to-wil: Nov. %
| 1898, to tho present time al the rate NJ
eight per cent per annum, and yet
lshoald include such Interest In IN,
total balance found TO be due, II yol
shoule fni for the plaintiff.
| "As TO the form OF yaur verdict,
| instruct you that II you find for thu
| plaintiff you should divide the tota
| smou ut by two, anu find againet each
| OF the defendants for One-nalf OF the
| full amount Of your verdict. And
| on tue other hand, n your verdict
| should be for the defendants, you
| sutuId lind OnC-half OF the tOtsl
| nmount III favor Of each OF the de.
ienuants anu against the plaintiff.
Aud II you should find against the
plaintiff on his complaint, AMI also
| against the defendants on their couu.
tsr.claim tuen your verdict should be
10 that efiect,'
Up 10 the hour of going to press
nothing hau been heard OF the juror
since they left the court room tnit
morning.
Bailf Gulbrsnsen paced up ana
down the corridor anu snook his head
| in answer 10 inquirer. All sorts OF
tumors are nOaung around, but moth
ing definite eau Oe learned from re.
| liable aOurces.