The morning journal-courier., 1908-12-17

all extra materials and extra labor charged for were furnished outside of the contract. In counter claim the defendant Poli, alleges that he cX- pended Sl,75St2 to prevent the fore closure of mechanics liens on the the ater, which were for amounts owed by the plaintiff and that tho defendant further expended sl,69o7S in settle ment of mechanics liens. Other coun- ter claims on same contract are that the plaintiff failed to furnish materials of good quality and failed in construct ing the building 10 comply with the building ordinances of tho city of New Haven and damages of s0000 were suffered thereby by the defendant, The contract called for the completion of the building by September 1, 1905, but 1t was not completed tili November %, 1905. although performances were given in lt in September l9o5 and SiO00n more damages are claimed thereby
 Alleged Structural Defects.
 somc of tho structural defects TO- 1 cited arc that the contract called for cement stairs and they were built of iron and the tread pitched toward the riser, the stage supports were of wood instead of iron. that tho haustrade of the grand staircase was not accord ing to contract and was never accepted hy the defendant Tho doors of the foyer were of poor material and nm- silly constructed. the gallery entrance and ticket window were omitted, tho large skylieht over the stage was im practicable. the winding stairs to the boxes were of wood instead of Iron, the l Glohe vontilators were omitted from the ceiling, 2 steel rolling shutter was 1 omitted from the foot of the gallery stairs. doors to the are escapes were | dangerously constructed, some Of tho l appliances Of the fire escapes were not nut ID. the outside door leading to the stage wss not covered with ,hreproor | material. freproof partitions around i hot air chambers were omitted, the \ girders have moi heer anchored 10 the ! walls. and the 2xl4-inch beams rest l onl, one inch on their supports and | the eity ordinances of Nov Haven re- aulre that they shall rest four inches on the supports An itemt2ed account of tho damages by defects footed up l Sa aSa The defendant alleged that /. tho remodying of defects took limo and delayed tho completion of tho hullding and the defendant was fur- thor damaged SC00 thereby
 Denied hy rlaintN
 Tn tno plantlffs reply part of the counter claims arc denied ltoms amounting to sS.n00 are admitted The plaintiff sets out that many changes and additions were made to inc plans and specifications hy aEroe- meut between the paintiff and the defendant, Mir. Maynard Numerous delays worc caused ny the perform anee of tho chanRes In the plans. Some of the plans were not furnished tll after September 1, tN0i Plaintiff admits t61.S61 6S was paid ny defend ant. rlaintiM admits some of the me- chanics liens were uppaid hv him. He alleges that the Iron stairway and other works in question was approved hy NIT Poll and Architect Maynard, He denies that the contract called for stage supports o' iron and ;ae suhsti- tuuons and omissions were made by agreement between plaintiff defend ant and Mr. Maynard Plaintiff sets ont that the plumbing uas sub-lot to one Cunning. at Q hlgner cost that tho plamtlN paid the face of inc plumbing contract to Cunning and tho defendant paid tho extra cost
 St,59O.S5 for Extras.
 After all the admissions on each side t was found that the items at issue are $4.5aO35 for extras Mr. [ OLoughln took the witness stand and tstl0ed that he had built thirty or forty theaters in the last twenty } five years and that his bill for extras on Polls New Haven thcatcr was a fair hil and correct He produced a ...;s iP f