Daily capital journal. (Salem, Or.) 1896-1899, 1897-12-06
CARSON & FLEMING,
Flo Their Answer for Pugh
& Gray,
NO INTEREST IN The SUI.
Another Step in the Warrant
Injunction Case.

Pugh s. Gray. who were made par
/ ties defendant in the courthouse i'm
provement warrant case instituted by
q. w. Hunsaker, have filed their an
swer to the second amended COM
plaint. A general denial of the al
legations is made and for further
and separate answer they (through
Carson g. Fleming, their attorneys
allege:
First That on or about the 18th Of
May, 1897, Marion county and these
defendants entered into a certain
agreement wherein and whereby
these defendants agreed to furnish all
material and perform all labor Ie-
quired in altering the stairs in the
county court house Of .said co unity
and making certain repairs and alter
ations in the Offices of the clerk and
sheriff in said court house, according
to certain plans and specifications,
and to haye said work completed en-
or before the term Of the circuit court
of said county then ensuing, and said
county agreed To pay to defendants
therefore the sum or $l0S4.S5.
q 'Second-That Immediately after
said agreement had been made these
defendants entered upon the perform
ance of their part thereof, and shortly
thereafter it was ascertained by said
county and these defendants that in
order to protect said court house from
threatened injury by reason of certain
defects made in the original construc-
tion of said building it would be nec-
essary to furnish material and per-
form labor far in excess OF
the amount required under said agree
ment, and thereupon said agreement
was modified and varied by certain
contract then made between the said
county and these defendants whereby
these defendants agreed to furnish all
material and perform all necessary la
Dor IN the alterations in said Offices Of
clerk aud sheriff and in the Offices
also of the recorder assessor, surveyor
aud grand jury and repairing the said
defects in the original construction of
said court house to the satisfaction of
said county, and in consideration
thereof, said county, agreed to pay to
these defendants the reasonable value
of the work done and material furn-
ishpd nv thace dnfnndants
"Third-That there defendants duly
performed said contract upon their
part, and the reasonable value of the
work done and material furnished by
said defendants in the performance of
said contract, is the sum of $2242.65.
"Fourth-That in payment of said
county on the 18th of June, 1907,
caused two warrants aggregating said
sum to be issued in favor of these
defendants, and the last mentioned
warrants are the same warrants de-
scribed in the second amended COM
plant and the agreements mentioned
in the answer are the same pretended
agreements set forth in said com
elaint.
"Fifth-That said warrants were
on said day were purchased by one t.
X. Ford from d. V. Ehlen, county
clerk of Marion county, and said
Ehlen on said day paid these defend
ants the cash warrants at their full
face value and he delivered said war
rants to SAID Ford and Ford was then
and is new resident and inhabitant
of the city of Salem said county, and
in the said purchase said Ford repre-
sented that he was agent for one Il.
e. Wild. and Wild now resides at
Santa Anna, Anna, Cal.
"Sixth-That these defendants
haYe not had any time since the 18th
of June, 1897, and have not any right,
title or. interest In or to said war
rants, and these defendants haye not
any interest in this suit"