The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-09
ON THAT SPRINKLING DEAL
HE SHOULD HAVE HAD THE
EXTRA WORK.
Kaysville Cannot Collect License
From Merchants In Layton-No
Chancery Court Yesterday-Ajax
Case On Today-Before Cherry and
Norrell-Other Court News.

next Tuesday evening. At any rate,
there viii be a discussion over a ST.
preme court decision in the sprinkling
case of j. H. Griffin, which was won by
Griffin, the court directing the lower
court to change so as to conform to
the opinion rendered.
The opinion is by Justice Miner, and
the facts are stated in the language of
the court
Salt Lake City, in 1896, advertised for
bids for sprinkling the streets, the
said advertisement containing the fol-
lowing language: Bids viii be re-
ceived for sprinkling districts l, 2, and
., as shown on the plat in the office of
the city engineer and must also give
price per week per block for such eX
ira sprinkling as the city council may
hereafter determine"
Griffin, in reply to this advertisement,
made a bid, offering to sprinkle these
districts for the following prices: One
year contract, $1,775 per month; two
year contract 81, 625 per month; three
year contract, 81, 459 per month.
"All other blocks that may be sprin-
kled to be at $2.45 per block per week,
for the time actually s7rinkled, if reg
ular size; others proportionately the
same. This last bid 10 apply in case
,~either proposition is accepted"
The bid of Griffin, based on a three
year contract, at $1,450 per month, was
accepted, and he was awarded the con-
tract, dated June l, 1896 and expiring
Dec. 81 1898. The mayor signed the
contract on behalf of the city, and
the plaintiff contractor signed the form
drafted by the city attorney, believing,
as is shown by the evidence, the con-
tract drawn embodied the provisions
under which the work was let
In the lower court he set up that a
mutual mistake had been made, by
which a material stipulation of the
terms was omitted. The clause con-
corning the sprinkling outside of the
districts named reading substantially:
THAT it is agreed that if at any time
during the life of the agreement, said
first party shall request it, the said
second party shall do and perform,
sprinkle other Streets" etc.
Griffin claimed this clause should
have read: 1t is agreed that if said
first party shall determine to have
certain other streets or walks sprin-
killed., same shall be done at the rate of
$2.45 per block per week" etc.
The city attorney drafted a, whole
lot Of stuff in the contract, such as
width Of streets, length of blocks and
so forth, making a change in the pro-
visions of the contract
A contention of the counsel for the
city was that, while it might give
Griffin this extra work, it also had re-
served to itself the right to let it to
anyone else; that this portion of the
contract was unilateral; that Griffin
was bound, while~the city was not. In
cidentally it may be stated, although
1t is no portion of The judgment of the
court, that the work was let to John f
Heath
After reviewing the law questions
governing the matter, the court holds
the contract should be reformed and
corrected as prayed for by the plain
. tiff, and the cause reversed and re-
= handed to the lower court, with direc-
tons to change the findings and judg-
ment in accordance with the opinion
and enter a decree for the plaintiff,
with costs in both courts.
All the justices concur in the opinion.
HOMESTEAD CASE.
Chief Justice Zane delivered the opin-
ion in the case Of Neils P. and Hansena
Anderson, respondents VS.. R. z. Davis
and Jens c. Gasberg, appellants.
It appears that plaintiffs borrowed
$500 of the defendant GIasberg, secured
by note on their homestead in Box
Elder county. That it was sold and a
deficiency judgment rendered for
S240.65.
Pending all this litigation Anderson
bought another piece Of ground for a
homestead. on which he built house.
and in which he lived until 1896, when
he moved to Logan. He intended to
return, and as proof of such intention
testified he left a portion of the house
hold goods in the house.
Gasberg levied on this homestead
and Davis. as sheriff, advertised it for
sale. Plaintiffs enjoined the action,
and were granted a perpetual injunc-
ton. Defendants appealed.
The court holds that moving to Lo-
gan was not an abandonment, and
affirms the judgment, with costs
Bartch and Miner concur.
KAYSVILLE LICENSE MATTER.
Z. P. Ellison, defendant and respond
ent in the suit of Kaysville City, plain
tiff and appellant, was charged with
violating an ordinance of Kaysvpe in
doing business as a merchant without
obtaining a license. He was tried be-
Acre a justice. Of the peace and fined in
f&e sum Of $50, from which he appealed
to the district court, which found him
not guilty, and entered Judgment dis
missing the suit. From this Judgment
the city of Kaysville appealed
The limits of Kaysville embraces IL, 32O
acres of land. The city proper has a
very small area, and a population of
only 700. Defendants store is two
miles away at Layton, where 400 people
live, although Layton is on the Rays
vile plat Kaysville does nothing for
Layton except to collect licenses and
taxes from its people. No part ever
goes to benefit Layton, according to
this opinion Layton has a precinct
government; justice of the peace and
a constable. The court holds that Kays
villa has the right to require any mer-
chant doing business under the range
OF its protection to paw a license hI1t
it has no authority to require those do
ing business outside of such limits to
do SO, when the sole purpose and eff
feet Of tax upon their property is the
lessening Of the taxes of its people.
The court says from the evidence the
probability is defendants business
would be more valuable and the people
Of Layton would be better off if there
was no such city as Kaysville The
judgment is affirmed, with costs to re-
spondent.
Bartch and Miner concur.
Before Judge Cherry.
Before Judge Cherry yesterday the
case of Piper VS.. the Salt Lake Amuse-
ment association was on all day. 1t will
doubtless get to the jury some time to-
day.
Other orders were made as follows:
c. ]. o. Irwin VS.. Salt Lake City;
!. continued to be reset.
John L. Lawson VS.. New American
Gas q Fuel company; continued to foot
of calendar by consent.
Ernest Jarvis Again.
Judge Norrell sat only long enough
yesterday to listen to the case of Err
nest Jarvis, the small boy who has been
up a couple of times for incOrrigibilitv