The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-04-03

The execution sale In the above case, adver-
iised for Monday last. not having been stayed
the property was put up at auction and knock
ed down 10 Mr.. Wren, the owner OF the Judg.
mspt. but an appeal from the Judgment had
been noted. and II remains 10 been seen What
the effect will be OF the execution sale uhder
the circumstances.
In taking the appeal Mr. Johnson acted
through Attorneys Parker ana Green ., wpo
died notice of a motion 10 be thereafter maze
10 vacate the judg gment and also motl0n 10
stay, without bond, the execution OF the lndg-
ment until the motion 10 vacate should oe
acted on. The motion TO stay execution,
without bond. having been overrnied tne aP-
neal WAS at once taken, an affidavit from MIR.
Johnson having beeu put on record IN the
case in connection with the. .overruled motion.
We understand that MIR. Johnson did not care
10 forestall the execution sale under the pres
In his affidavit, dated March %, 1901. and on
file with the papers In the case, MIR. Johnson
sets forth the letters, which, he says, passed
between him and the attorney Tor the plain
tiff. One Of the letters SO mentioned Is as FOL.
Washington, D. G.. April 4, 1900.
Mr.. VIM. n. Graynon,
Attorney at Law,
Abbevlle, S. &.
My Dear Sir: l have your very courteous
letter in which you call attention TO the claim
If Mr.. Wren. of Due West, putting the amount
at Sl4S.2l, $500 as contracted through my
brother Oliver, S55 81 by myself.
l do not regard that | owe Mr.. Wren ac-
cording to those figures. In the first place, the
work was done in u manner that would diaen-
title any person to recover for 1t II proper
work manship were condi ition precedent 10
recovery was amazed when saw The Joo
amazed that work should have been so shah
billy done under !the supposed supervision or
Mr.. Wren. AS l said to Mr.. Wren when
saw the jobII had much rather, by the amount
involved, the matter had never been touched,
for would then at any rate have had the ma
terial In an unmutilated condition. HIS ex-
cuse was inability 10 get proper hands to do
the work.
: The work was not merely botch-grossly so
but in some respects there was careless
waste of material, new lumber being used
where the old was not only suitable but con-
templated by the contract. The excuse the
hands made to my mother' no iniiuly @ pro pro,
boards in the ceiling OF the back piazzaQhe OLD
being narrow, the new broad) was That they
didn't have time to fool with the old ceiling
that Mr.. Wren wasn't paying them enough
for the lob to spend much time on II. My
mother, however, and another friend or two
In the house who saw the work as ~ went on:
and grew heartily sick and disgnsted, learned
early In the job that IL was useless TO say any
thing to the negroes who were doing II. Mr..
Wren himself. II spoken 10 by my mother
during the few minutes he would be around,
enough as TO how things should be done, but
he seems not 10 have had imuch efect on the
workmep. "
nave
settlement that to me seems proper IN the
case, regard being had to both parties. have
u lob OF work, which, had been present,
would never have been done In the manner 1t
was shall probably try TO have IL over.
hauled to some extent the next spare time
have to spend at Due West. Mr.. wren has
been to some expense and don't want MIN
to suffer innocently. though Of course legauy
ne ought to have done In work manlike man
ner the work he undertook to do.
NV suggestion to him when we were looK.
inv at some Of the unskillful and Imperfect
work. was that should save him from down.
rioht loss and that he should ASK nothing
more for q Job which he himself must ac-
know ledge as trifingly done. thonght, as
said to him, that he must have retired from
the work OF building and carpenterlng ana
never expected to do any more OF II, or he
would certainly not have permitted such
piece OF work TO be connected with his name,
recalling to him in that connection the Old
lime notion had Of the kind OF work he did.
MIR. Wren knows what material OF his own
purchase he pat into the house ana what the
cost OF 1t was, and be knows what ne pala ms
hands I don't think he ought to ask or eX
pect more than simple reimbursement under
the circumstances. He was around himself q
few minutes each day (Which were not many
when the bands were at WORK, out thaI con
tribution OF his own time would be but
small offset as against the character OF lne
work done by the hands he permitted on the
lob The work stands az monument, con.
tinuing otfense TO the eye and to the sense OF
good era ftsmanshlp and only capable OF Delng
elossed over and a little further patched up.
l don't know how MIR. Wren reaches his hg-
ures of S552l with me directly. There IL
freight bill OF SS56 and he has claimed $1,000
for extra work and material furnished on my
order, but what the other part OF the 500 Il IL
don't know. The extra WORK (omltted oy my
brother Oliver, but which ordered done) was
q continuation of the piazza on the back SIDE
for the full length OF the house and the max
ing of small room at the end OF the eXteud-
ed part For this addiloMnai M nv %Prk m ~ tne cTn he
necessary mai eral at McGee's where IL was 10
be charged TO me. How he ever got $1,000 into
his head 1 don't know, except that In the
roueh estimate We made with view 10 get
ling an idea as to what would be the cost OF
the additional work, we figured IL out at
SSD, 90, certainly not more than $1,000. we esti-
mated, by cursory measureIn tne quaa'i, a a.,
ciuded ten dollars for the toOrk itSeU. which MT.
Wren said would be his charge In the mat
ter thereupon told him to get at McGees
The necessary material and have 1t charged 10
me. I had already ascertained that proper
material could be got at McGees and had oe.
spoken 1t to my account on Wrens order II l
should conclude TO have the extra WORK done.
That was before the material for the other
mari of the work had come from Colombia,
which had been expecting every day for over
n week. and which finally reached Donalds
only on the day had TO ieaHs ;pere as a we Mes Sin,
of Secretary Wilson's visit ana the lnter-col-
legiate contest. When was BACK at the COM
mencement | saw the mess luhl hau oeen
| made of the work.
/ AtMr McGee's found that Mr. wren had
ordered for his own account all that went 10
the house, except some locks ana oiher Things
which, first charged to him. ne nau aIter.
wards had transferred to my account. Under
| the agreement with my brother some tnlngs
Mr.. Wren was himself 10 furnish, az, tot IN
stance, shingles for the back piazza; tne who're
of the material necessary for tne auu III
work ordered by me was to he paid for oy my.
self. but MIR. Wrenn had ordered every thing
| got at McGee's into his own account, lnakin
no distinction between what ne WAS W pay
for and what was properly payable py ine.
Jfthe proper settlement was one to be MADE
in accordance with the figures originally useu,
which were OF course based on the legal as-
sum ption that the work would be done py
nerson using an ordinary, not to say reason
abie. amount of skill for the kind OF WorK 10
be done, 1t would be merely $50 far as the part