Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-24

A suit was filed in the United States
Court in Columbus last Tuesday by w.
J. McClain, of this city, contractor,
who has an Office in the Hub building,
corner Market and Fourteenth streets.
He was formerly resident of Column
bus. The action was brought against
the Great Southern Hotel Company for
$685. 15.53, claimed to be due for ex-
tras in the erection of the hotel and
theatre.
The suit was filed by Attorney W. P.
Robinson, of Wheeling, James c. Tall
man, of Bellaire, O., H. Cleveland, of
Cincinnati, and Danford & Danford. of
st. Clairsville. The petition, which
covers fourteen pages, was drawn by
Danford & Danford, and contains thir-
ty-six items, in which it is claimed the
Hotel Company is indebted to McClain
in the sum named.
Mr. Mccain said this is but a fore
runner to individual suits which will
be filed against members of the Hotel
Company and others, whom he claims
are indebted to him in the aggregate
sum OF about 81 200, 900 for damages.
The charges will be brought for al
legged conspiracy, collision, fraud and
libel, and the suits will be filed as soon
as practicable by Mr.. McClain's attor-
neys. After fling the suit in the Uni
ted States Court, Mr.. McClain left for
his home in Wheeling.
The suit is perhaps the largest ac-
ton for the recovery of money claimed
to be due on account ever filed in this
city, says the Ohio State Journal The
papers have required several weeks of
preparation at the hands of Mr.. Nc
Claims attorneys, who, in company with
him, have paid frequent visits to Col
lumbus. They were deposited with
Clerk White. of the United States
Court, shortly after dinner on Tuesday.
The matter is explained by the plant
if, Mr.. McClain, who says:
Il intend to file several other suits,
but they are not ready to be filed yet.
When we do file them they will be in
dividual suits to the amount of $1,000
600 against stockholders of the hotel
company and others, including an ex-
Judge, whom, | have been advised, is
liable to me for 100000. But we will
not talk of those suits yet, although
they will surely be filed in time. The
Great Southern Hotel Company owes
me the amount that | claim, and |
propose to fight for it ard get it. In
other words, | fully expect that justice
will be done me.
''The contract for the erection of the
Great Southern Hotel and theatre was
signed October Z, 1894, and amended
March l, 1895, for a consideration of
$345 000 That was according to plans
and specifications amended and chang
ed at that time. The Hotel Company
decided afterward not to build accord
ing to the amended plans and got me to
wait until they secured set of new
plans. The new plans were prepared
and furnished by piecemeal, one floor
at time, with the understanding that
the difference in labor and material
from the old plans at a schedule OF
prices in the contract was to be the
price to regulate the difference by.
"The building was largely complete
at the time a full set of plans were
made, and the opera house portion of
the building was entirely complete. |
then figured the difference. The new
set of plans different in SO items from
the old set, aggregating about 100000
The board of directors refused to allow
the difference at the schedule prices
and proceeded to take possession of the
building, discharging me as the con-
tractor, without pay, and then pro-
ceeded and finished the building them
selves according to the new plans, with
all extras attached and other extras
besides. Now they have been trying
to collect the price of those extras from
nv bondsmen, and have been making
this attempt for two years.
"That is about the way the matter
stands. and that is the reason I expect