The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-05-25
SURETY is BEING SUED.
CordeIe Compress Company and Its
Suit Against w. I'd, simISns.

The case of the Cordele Compress Com
pany against w. D. simkins was on trial
in the City Court all of yesterday and Will
be continued to-day. The suit is on a bond
of suretyship, entered into by the de-
PENDANT for the faithful performance Of
contract between his principal, the
Georgia Cotton Company, and the plain
tiff
In more ways than one the case is in
teresting. and 1t is being bitterly con-
tested. Mr.. S. 3. Adams, of Denmark
Adams & Freeman, is conducting the
case for the plaintiff, while Mr.. Walter
S. Chisholm, of Chisholm & Clay is look
ing after the interests of the defendant
The plaintiff sues for the recovery of
the gross sum of S3,9l2.74. which II claims
TO be due from Mr.. Simkins by reason of
the failure of the Georgia Cotton Com
pany to comply with the conditions of
its contract. OF this amount 81 900 is for
rental of the cotton compress which was
the subject of the lease, S1S75 for esti-
mated profits that would have accrued
to the plaintiff had the contract been car
ried out, and S1.03774 for repairs to che
compress which the lessor refused to
have made.
The plaintiff claims that in the latter
part of 1898 it leased the cotton compress
at Cordele to the defendants principal.
The Georgia Cotton Company agreed to
paw a certain amount as rent and an addi-
tional amount upon each bale of cotton
compressed after a stipulated number Of
bales Is, 0c0 had passed through the press.
II is claimed that on Oct. a. 1898 after an
explosion, which was due to the careless
handling of the machinery by the cotton
companys agents and employees the lat
| ter abandoned the compress and refused
either to have it repaired, continue the
lease or pay the rent. Had the cotton
company had the machinery repaired and
continued the compress in operation, as 1t
was bound by it's contract to do, ii is con-
| tended that 25C00 bales of cotton, In ex-
| cess of 1900 bales, could easily have been
| secured and compressed and that at ~
cents a bale this would have amounted
| to $1,S75
In answer to the 'varousallegations of
the plaintiffs petition the defendant be-
gins by regulating absolutely any liza
| biiity whatever. He then goes on TO say
| that when the Cotton Company of which
ne was and is the surety, took possession
| of the property, the engines and other ma
ohinery were out of repair and contained
| hidden defects, that. apparent at first
only to the eye of a skilled engineer, final
| ly caused an explosion. the effects of
which were apparent to all Not only was
the machinery unsuited for the purpose
| for which II had been designed. and for
| winch II nau peen iedseu Dy tne georgia
| Cotton Company, but its further use was
dangerous to the lives and limbs of the
| companys employees, and for this reason 1t
had refused longer to operate II.
BY reason of the alleged failure 10 turn
over the machinery TO IL in good cond-
| ton, and of other alleged breaches OF the
| contract by the Cordele Compress Com
pany, the defendant claims that the Geor-
| gia Cotton Company was under no obli-
CATION whatever to continue TO carry out
| it's side of It. Therefore, he contends he
is under no obligation to respond upon his
| bond of suretyship
Evidence in line with the VARYING CON
tentions of the parties was introduced
| yesterday morning and afternoon and VIII
! probably be further augmented during TO-
day. Yesterday the air of the colrt room
was filed with expressions such as 40,
/ shaft bolt, cross piece. and all the tech
| nicalities of machinerydom. Much time
was spent in making all OF this clear to
| the jurymen. and, even with the time
| spent II they succeeded In cleaning a
clear understanding of what had caused
| the explosion, n was more than the spec
tators would have ventured to assert.