The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-03-21

formiy, and doing about as much IN
money value in the one as in the
other, said defendant and its Cocoon
spirators wrongful1y, wickedlys an
fraudulently for the purpose and intent
of preventing your petitioner from
carrying out his contract, and from a
falsely pretended fear that he would
not do SO. ordered your petitioner and
his employees and force of men to
cease work on any part of said dry
work. and compelled said men to cease
that work which was known as dry
work, which could be easily and rapid
lys performed, by unskilled labor. and
thereby disbanded the forces of men
gathered together, at great expense,
and employed to do said work by your
petitioner
That the said defendant and said
others wrongfuliy and wickedIy for The
purpose Of preventing him from carry
ting out his contract and within the
time stipulated, and with fraudulent
end wrongful purpose, changed the
agreed upon designated places where
the work was to be and was carried
on and refused and prevented your pc
!titioner from doing any further work
at said designated places, and refused
to set stakes and give him the grades.
as was their duty to do, so he could
prosecute his work; and said deferd-
ant and its said board Of bond trus-
tees and its engineer in furtheranCe
OF said conspiracy, and in pursuance OF
same, designated and required your
petitioner only to do the work which
is known as wet work, and which r.
qrired skilled labor, which was diff
cult to procure and the doing of which
only was a great loss to your petit
toner, and by preventing him from
doing the work altogether, that is the
| dry and the wet, violated said coz
tract and rendered it practically i'm
possible for him to carry out the same
except at a great sacrifice and loss
to your petitioner, and all of which
was well known to said defendant AID
all other said parties.
That at the time Of the making and
entering into said contract it was
well known to said defendant and its
board Of bond trustees and its cngi-
neers that the most difficult work
would be that which is known as wet
work in the lower part of the city,
and that the profit in doing the same
would be small. If any. and would re-
quire a higher, better and more expen-
sive class of labor than would be
required in the doing of the work in
the more elevated part of the city
That it was also we'll known TO said
defendant and above named parties
that the most profitable part of said
entire work would be in the part of
tho uOrlr in tho olauofad no-f ne hA
city where water would not be encoun,
tered and which would be known as
dry work, and that the profit deriTed
from the same, and the moneys to be
paid your petitioner on said monthly
estimates were largely necessary and
would have to be largely used to pay
the cost and expenses of constructing
the said systems in the lower part of
the city, of wet work, where water
was and was expected to be encoun-
tered. and by said wrongful, wicked,
and fraudulent action of all said par
ties and each of them your petitioner
was knowingly deprived of the means
Of doing the whole work, and of the
use and benefit of the fund provided
by the city for the completion of the
entire system.
IOuE pSulluueE IuFIueT SHOWS Il2I
when he was compelled by the defend
ant, its engineer and board of bond
trustees to cease the doing of the
work at the places first designated By
the engineer of said defendant and
agreed TO by your petitioner, he was
compelled to leave large quantities of
material along said designated lines,
and also partly excavated and partly
opened up trenches and drains. upon
which had bene expended large
amount OF labor and expense by your
petitioner. and by the wrongful action
OF said defendant and said other par
ties was compelled to refill said drains
and bitches for the protection of citi-
zens OF Pensacola. as well as to OBJ
viate any loss and damages that might
accrue from injuries TO said citizens
By reason Of said open bitches and