Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1908-02-13

SAID work, by the sara OllNef OF ny MS
plant and equipment now ON SAID
premises complainant will not be able
TO carry out his said contract with
said power company and will be liable
to it in the event of his failure to do
so for heavy damages; that he was so
limited in time in bis contract with
said power company because it has OBJ
tained franchises from the city OF
Chattanooga and from the counties OF
Hamilton and Marion for erecting its
transmission lines and cables for the
distribution of electric power through
out said city and counties upon the
express condition that the lock and
dam and power plant aforesaid shall
be completed and ready for distribut-
ing power within four years from the
granting of said respective franchises
The work already having been delayed
for more than two years and only a
small part of it having been completed
estimated by the engineer named i'll
the contract to be only about 10 per
cent. of the total, it is apparent that
unless complainant can from this time
on be given the free and unobstructed
opportunity to proceed with 1T, 1t Will
be impossible for him to complete 1T
within his contract time. If he should
fail to do so, he would be liable to said
power company in damages for loss OF
profits franchises etc, which he can
not now estimate and which atthe pres
ent time there is no definite or accur-
ate means of estimating. Hence 1t is
complainant AYERS that there is no
way of accurately estimating the dam
ages he should sustain because of the
specific obligations he is under to the
power company if the defendant o.
liver should be permitted to continue
to refuse possession of said premises or
otherwise obstruct or delay complain
ant in the completion of said work.
Unless complainant has the assistance
of this honorable court in putting him
in immediate possession of said prem
ises and the free and unobstructed use
thereof without interference or OBJ
struction on the part Of defendant o.
iver, complainant will suffer on account
of the aforesaid situation irreparable
damages A suit at law, as will be
apparent to the court from the facts
herein stated, for damages for the de-
lay which such obstruction or interfer-
ence with complainant prosecution of
| the work he is under contract to per-
form as above specified, would be
wholly Inadequate to furnish him COM
pensation for the injuries he would
sustain.
complainant further AYERS that in
order that he might not be delayed i'll
the prompt prosecution of the work SO
as to carry out his said contract with
the power company, he offered to per-
NIT the machinery and equipment OF
the said Oliver to remain on the prem
ises until the completion of the work
and to use the same as far as complain
: ant might find it practicable to do so,
: and to pay to the said Oliver a reason
; able rental for the use of such portions
, of said machinery and equipment as
} complainant might advantageously
} make use of during the time that is
consumed in completing said work.
But this offer the said Oliver declined
Complainant AYERS that he cannot in
stall other and different equipment fol
5 the completion of said work unless ht
} can obtain possession of the premises
and have removed therefrom the plant
and equipment of said Oliver. SO com
= plainant AYERS that if the said Oliver
= will not give up possession of sale
! PREMISES and remove his plant there
: from, complainant's hands will be tieC
= with the prosecution Of the work il
4 order to complete it on contract time.
! "Comulainant AYERS that defendan
t Oliver, III that he has failed to prose
e cute said work promptly and properl'
e as required to do by his contracts witt
t complainant. has preached said con
e tracts and is liable to complainant TO
e damages of such breach, includin,
= such damage as he may sustain by be
ing compelled to complete the wor
4 called for by said contracts; that it
t impossible for complainant to say eX
k actly what such damages will amoun
+ to as he does not know and cannot sa
: just what will be the cost to him G
= completing said work; but AYERS, O
J. information and belief. based on tn
J. opinions and estimates of competen
y engineers, familiar with the cOntraC
J. premises, that this element of damag
/ alone will be more than 5000, 900 in e1
= cess of what he could have paid to de
d fendant Oliver under the contract
l. with him if the said Oliver had gon
If on and COMPLETED said work. An
It complainant further AYERS on the bes
e estimates he can obtain that his tot;
d damages growing out of said breach {
n said contract, by defendant will e1
d ceed $400, 600
is illustrating the manner in whic
$ defendant prosecuted said wOri
complainant AYERS that under th
t, prices named in said contracts d,
e. fendant would have received if sal
le contracts had been completed by hin
re in the neighbOrhOod of 81 900, 900. T
x have earned this total he would if /
as had completed said original contra,
re within the original period of tw
years, have had to average more tina
E. $40, 600 worth of work per month fC
lc the entire twenty-fOur months. As
)r matter of fact his average was arTro,
ls imataly $4,000 per month for sal
r twenty four months.
c- Taking into account the extende
n time under the supplemental contra,
h aforesaid. said extended time beil
N twenty months from April 3O, 1907.
" about fourteen months actual addition
Of al time for the completion of the orii
e. iual contract, complainant AYERS th
Mt n only about 10 Per cent. of the tot
X work had been done at the time Il
= contracts were anulled as aforesai
defendant Ia cumulpte sail work wit
az in the said extended time would ha,
re been compelled 20 do in round uumbe
th SH0H, HIO worth of work between Il
er 6th day ot December, 1907. aui d
I 3hth a1v uf December. 1g0S. ahu
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