The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1908-12-23
M'ktvOR SUES SAVAGE AND CITY
Restraining Order ISSUED by Judge
PrebIe Preventing Transfer of
Paving Warrants.

ing work. of connection of Chairman
L. o. Janeck of the council commit
tee on streets and bitches with the
Aetna Indemnity Co., which is one
of the George Milton Savage sureties
for paving work, and that George
Milton Savage is insolvent are made
in a complaint filed by William Nc
kivor, contractor. in the superior
o'clock.
The complaint is in suit by Will
liam McKivor. as one of the sub-con-
tractors on the paving work, against t
George Milton Savage and the city
of North Yakima. During the after
noon Judge Preble considered the
complaint as filed and at the request
of Attorneys Lynch & Grady repre-
senting McKivor. Judge Preble grant
ed restraining order which prevents
Savage from accepting the bonds of
local Improvement district No 1879,
and the city officials from issuing
them to the Tacoma contractor.
Contractor McKivor took the sub
contract from Savage for the eXcavat-
ing of the streets for the paving
work. He carried through this work,
and claims that the estimates made
by City Engineer Forman and the ac-
tnal work that was done in excavat-
ing do not agree.
In asking for a Judgment against
Savage and the city, he claims that
1868 yards of dirt were excavated,
for which he says $16.339.6S should
be paid. that 7140 cubic yards of
rock and gravel were secured and
that 9454 cubic yards of sand was
hauled, the amount asked for this
work being $10.S72. In addition,
Mckivor claims 500 for resurfacing,
$1SS.75 for digging holes and set
ting stakes, $240 for hauling sand
and $40 for tents used to cover ce-
ment piles. This totals S36,961.53,
and McKivor claims that he has been
paid $21, 1S2.10, leaving $14,7S9.43
to be paid by the Tacoma contractor.
A Judgment for this amount is asked.
AS sureties for Savage, four large
bonding companies are drawn into
the suit. They are the Aetna Indem-
nifty Co., the Massachusetts Bonding
& Surety Co.. Empire State Surety
Co.. and the Title Guarantee & Sure
ty Co.
Shortly after the papers were filed,
Judge Smell, legal adviser and asso-
ciate of Savage, looked them over in
the office Of the county clerk, and
when he came to the paragraph
which states that Savage is insolvent,
he said:
Savage is worth 100000, and is
by no means insolvent. He is the
owner Of hotels and business blocks
in Tacoma, and is worth that amount
over and above any debts and liabil-
tiles"
Judge Smell did not discuss the
case, excepting to say that he was
glad the brunt of the action was
against the company rather than the
city and that the claims would be
fought in court. 1t is reported that
the paving contractors claim that
about $4,000 is due McKivor and that
they are willing to pay this amount.
In paragraph Is of the summons,
McKivor says: THAT under the
terms of the plaintiffs contract with
the defendant Savage, it was agreed
that the amount of dirt used by the
plaintiff in making said excavations
should be determined and decided
by said city engineer, whose decision
thereon should be final and binding
on both parties: that likewise under
the terms of said contract, the am
cunt of crush rock and gravel and
sand delivered upon said work should
be determined and decided by said
engineer. and his decision should
likewise be final and binding on both
parties: that by reason of the errors
and mistakes and the incompetency
of said engineer, in setting the sub
grade stakes too low and thereby
causing unnecessary excavation to
be done by plaintiff. it was necessary
for and said engineer did direct the
defendant Savage to fill in between
the sub-grade SO established and the
bottom line of the pavement brick.
with more material. both concrete
and sand. than was at first contem-
plated and provided for in the plans