The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-03
CONTRACTORS AT LAW.
4 suit Involving Work on the Ca
madam Pacific Line.

indian Pacihc Line.
NEW YORK. April ANDREW Onder-
donk. the contractor, has been made de-
PENDANT in a suit in the Supreme Court in
which Miers F. Truett seeks to recover
about $3.50. GOO which he alleges is due
him as his share of certain contracts
which he and Onderdonk had with the
Canadian Pacific Railroad Company in
1877 The plaintiff, who married Onder-
donk's first cousin, charges that Onder-
donk has defrauded him Of his share Of
the profits of the contract. Today Mr.
Onderdonk made an application TO jus
tice Freedman in special term Part l. Of
the Supreme Court. for an order to compel
Truett to file a bill Of particulars setting
forth the details of the alleged frauds.
The complaint sets forth that in the
wear 1877 the plaintiff and defendant were
residents Of the city Of San Francisco and
that in that year they went into business
together as engineers and contractors, and
that they should obtain and take contracts
in equal and Joint interest. 1t was also
alleged that the plaintiff and defendant
did become partners and remained part
ners until March %, 1880.
Mumford g. Bean counsel for the plain
tiff. asserted that the plaintiff and de-
PENDANT put in bids for contracts for work
on the Canadian Pacific road and obtained
certain contracts about March %, 1880.
According to the complaint the plaintiff
and Onderdonk entered into a mutual
agreement TO submit all manner Of actions
and controversies to Thomas W. Scott so
that he might arbitrate the matter. and it
was further agreed between them that
they would accept Scott's decision.
The plaintiff asserted that during the
negotiations Onderdonk said to Mr.. Scott
and to the plaintiff that he. OnderdOnk,
and the plaintiff had obtained contracts
to build sections OF the Canadian Pacific
Railroad and that it became necessary
for them to relinquish the contract be-
cause Onderdonk could not procure the
necessary financial assistance to carry out
the contract, and that he, Onderdonk. gave
up all interest in the contract and that
his only interest in it was salary to be
paid him as an engineer in constructing
the sections Of the railroad covered by the
contract Mr.. Truett set out in his com
plant that each and every of said state
ments and representations relative to the
disposition of said contracts were false
and untrue. and that the defendant made
each and every of them with the intention
to deceive and mislead the said Scott and
to deceive and defraud this plaintiff
II was also set out that Scott, as arbi-
traitor. relying on the truth Of Mr.. Onder-
don's statements, ignored and disregarded
the Canadian Pacific contracts. In com
pliance with the decision of Mr.. Scott On
derdonk paid to Truett $50 600. and before
receiving the s32. 600 Truett delivered to
Mr. Onderdonk release Of all claims upon
him.
The plaintiff also alleged that Onderdonk
had assigned the contracts to d. o. Mills
upon an agreement that Mills should have
a share in the contract in consideration
of money advanced by him to Onderdonk.
Counsel for Onderdonk said that all the
books Of his client running over many
years were turned over TO the inspection
Of the accountants of Truett and showed
that Onderdonk had not cleared above his
expenses more than about $l.S6 on the ac-