Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-04-05
SALY LAKE CITY LOSER
FINDS THE ISSUES FOR THE PLAINTIFF
which Recover. from the city sei'o'''E
Number of Criminal Cases on appe"'
Disinissscd- Cuttings

George f. Goodwin. Esq, who uieu
The case of the Pacific Paving com
many VS. Salt Lake City, as judge pro
tempore. rendered a decision TO-DAY
finding for the plainfif.
Plaintiff brought its action upon GER
tain contracts for constructing pave
ments and sidewalks upon West rem
,,a and state streets, entered into In
1891 and 1898.
The first and second causes =" Nv
tion set up in the complaint were io'
certain unpaid interests claimed 10 pe
due upon the monthly estimates Vi Wv
city engineer, made in accordance WIZ"
the terms OF the contracts, ana upo"
which estimates. when approved ny
the board of public works, II was
claimed the defendant should pay tue
nlaintiff q certain per cent IN money,
The third cause of actoh VIZ ,t
the ten per cent of the whole 20. ~.
nrIee witch under the terms on ne
ran,,ac,s wis to be retained by inc
defendant city, some for two ana spihe
COR i've years as "A guaranty OF wv
dnrahility OF the work and Tor repairs
II was alleged that by certain res 9o,
tlon of the City Council adop,eu -
20 1899, the terms of which were az
repted by the plaintiff corporation;
new contract was entered INTO ~ VIZ !"
the defendant agreed 10 pay ass 20
,nlned percentages. then amounting 70
tis sas 95 in two equal installments IN
seven and ten months respectively from
that date. a.. oor,rocts
and denied all the other nllegatlohs Oh
the complaint. on the trlal, the We
PENDANT was allowed to amend the IN
swer SO as to set up e onh,ereia',,, ~,
Tor si.7l7. for an alleged deficiency ~
the amount OF paving pitch required
TO be furnished by the plaintln uhuer
Irnon the first cause OF action the
court hnds that the plaintiff is en-
titled 20 the interest claimed, to-Wlti
l65.i0. ON the second cause OF actioh
the court finds that the plaintiit " en-.
titled to recover interest to the amount
~ ii gas S5. and also the sl.117, de-
Quoted by the city engineer on the
final estimate foe the alleged de-
flceincy of pitch furnished and Interest
thereon, less the sum OF $So6.h' alloweu
the defendant on Its counterclaim Win
interest thereon, making a net findine
on the contested question az To the
amount OF paving pitch furnished ~
favor OF the plaintiff OF si.lGS.35, an
aggregate on the second cause OF ac-
tlon of s2,s0l.10.
on the third cause of action the court
finds that the action Of the city Coun-
eli on December 20, 1898, and Its nc-
ceptance by the plaintiff constituted a
new contract as to the time OF pay,
ment OF the retained percentages and
that plaintiff In entitled to recover said
amount OF ls.s3S.25 with interest on 50.
1859 at the legal rate from July 2s,
1894, and with interest on s9,4l6.63 at
the legal rate from October %. 1884
amounting in the aggregate to the
sum Of se4,2lll4. The total amount
that plaintiff In entitled to recover un-
der the decision of the court. after de.
Quoting the amount OF sS56.57 and legal
interest allowed defendant on It's coun-
ter-claim, is the sum OF S27,0I7.12 up
70 April 2ud 1898