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

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accordance win said contract has re-
tanned 200 Of the amount hereto
fore earned by your petitioner and OF
/ the amount Of said estimates, till now
said defendant has in its hands
moneys belonging to your petitioner
of the amount about to-wit: Eight
thousand dollars, said amount having
been fixed by the estimates made aud
agreed to by and between your peti-
ticner and said defendant and whicn
as hereinafter shown and as claimed
by your petitioner is now due, owing
and unpaid to your petitioner, and for
which defendant is liable. and which
is here and now demanded.
/ Your petitioner further shows that
since the making and the rendering
of the last estimate by the engineer of
the amount of work done, he mas per-
formed a certain amount of work for
defendant and under said contract,
which said work together with he
material furnished Herewith, Is rea-
soratly worth and of the reasonable
value OF the contract prices therefor,
all of which Is known to said defend
ant, and which amounts to about to
wit: Four thousand dollars
Your petitioner further shows as IS
commended and claimed by him and
under the facts hereinafter stated, that
said defendant promised and became
and is liable to him for said amount.
and that said amount is now due,
owing and unpaid. and which is now
here demanded, and which said de-
PENDANT should be required to pay.
Your petitioner further shows that
by the terms of said contract that he
was required to complete the perform
ance of his part of said contract and
complete all of said work within three
hundred and fifty working days from
- day of September, 1906, or the
date of notice of the engineer to him
to begin the work, and in the event
he should fail so to do 1t was pro-
yided In said contract that for each
and every day beyond the specified
time which should elapse before the
work was satisfactorily completed, a
charge of twenty-five dollars should be
deducted from any money due for
work done and material furnished,
and it was expressly stipulated by de-
PENDANT and defendant made time the
essence of said contract
Your petitioner shows that Jour pc
titioper and said defendant themselves
and By and through their respective
and duly authorized agents and rep
resentatives, and prive to the wrong
full acts and doings of defendant as
hereinafter stated, full agreed upon
and designated all the places at which
your petitioner consecutively and
from time to time should carry on all
4 1,-l- - h. lo&c e
storm-water and sanitary sewer sys-
tens.
That in accordance with the terms
tof said contract andE the agreement
/ with defendant. and sat the places
designated by said defendant aud It's
agent and engineer your petitioner
proceeded to do the work required to
be done and at great outlay AMI ex-
4 pense, and after great effort procured
q large and satisfactory force of men
land put them-to.s work at the places
Sd designated as aforesaid, aud plac-
ing along the Hne of said designated
places large : Quantities of material
necessary to be used In the dol lg OF
said work. and had opened up and
excavated bitches, trenches or drains,
and was in good faith proceeding with
the performance of said contract and
In accordance Herewith. when said
defendant and its engineer and It's
board of bond trustees contriving how
to wrong and injure your petitioner
and to prevent his performance Of his
contract and within the time stIru-
i lated as aforesaid conspfred together
one with another to said. end and
purpose and wrongfully and fraudu-
lently without Just reason, legal excuse
or any valid right so to do, but with
inc intent aforesaid, stopped your Pc
titioner and his employees from doing
said work at said Heretofore desig-
mated places, and contrary to and in
violation of said contract and said
agreements and its election therefore
made and its selection as aforesaid OF
said designated places where the work
should be carried on by your petition
er; and disbanded your petitioner 8
forces CT men, and prevented your pc
titioner from the carrying on of said
work and the completion of the same.
Your petitioner further shows that
the work that was to be done by him
under said contract was located in
part on the elevated and high and dir
part of Pensacola, the larger part Of
the same being so located and the BAL
ance of the same being located in the
lower part of said city
That the elevated portion of sad
work and which is termed the dry
work could be and was being success
fully performed by ordinary and cheap
labor, and at much less cost and to
much greater profit to your petit
TONER than that part of the work 10
Gated in the lower part OF the city,
and which is termed wet work.
That in the doing of the work and
furnishing the materials for the con-
struCtion of the said systems in that
part of the work which is wet work
there is little If any profit, and said
work can only be performed satis-
factcrily and expeditiously by highly
skilled laborers who are acquainted
with that class of work and which it
was very difficult to procure, and all
of which was well known TO said de
fencant and its engineer and board OF
bond trustees acting for defendant
That while your petitioner was doing
said work, both in the dry and in the
wet, and carrying the same on uni
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