The copper era and Morenci leader., 1912-07-12
In the Superior Court, of the State Of Arizona, in and for the County of
 Greeniee.

Greeniee. J. A. FARRELL, Plaintiff
 vS.
 County of Greenlee, a corporation,
 Defendant
 Findings of Fact and Conclusions of Law.
 This cause on regularity for trial in the above court on the 7th day of June A. D. 1912, before the court without jury, a jury trial having been express ly waived by the respective parties. MT. L. Kearney appeared as counsel for the plaintiff, and w. c. Mcfarland and E. V. Horton, ESq's. appeared as counsel for the defendant.
 And said cause having been tried and submitted to the Court for decis- ion and determination, from the evi- dence oral and documentary introduc- ed at the trial of said cause, the Court finds the following facts:
 That on the 10th day of November A. D. 1911 the Board of Supervisors of Greenlee county, Territory of Arizona (now State of AriZona) entered into a contract with one Otto P. Kreuger of Fl Paso, State of Texas, for the con- struction of a Court House and Jail for thesaid County of Greenlee, Terri tory of Arizona (now State ofArizona) according to plans and specifications prepared by one E. c. Heck, the Archi- tect; under the terms of which said contract the said E. c. Heck was ro have full charge as Architect, and superintendent of the construction of said Court house and jail. H.
 That the said E. c. Heck entered in- to the discharge of his duties as such Architect and Superintendent of the Nf Cail jail, under the terms of said contract on the 16th day of November A. D. 1911 and continued in the discharge of such duties until the 17th day of January A. D. 1912 when the then Board of Supervisors of Greenlee County, Territory of Arizona (now State of Arizona) passed the follow ing resolution, dispensing with the services of the said E. C. Heck, as such Architect and Superintendent of the construction of said Court house and jail
 Upon motion of B. F. Billingsley seconded by Geo. Webster and carried the services of E.. c Heck Superin- tendent of the Court house and jail are hereby dispensed with account that in the opinion of the Board Of Supervisors said superintendent E. c. Heck has not compiled with the re- quirements of his position.
 J. H. T. Cosper voted neither pro nor con.
 That immediately thereafter and on the said 17th day of January A. D. 1912, the said Board of Supervisors passed the following resolution em- ploying the plaintiff herein, J. A Far rell as Superintendent of the constrUc- ton of the said Court house and jail.
 Upon motion of B. F. Billings
 ley seconded by Geo. Webster it
 is ordered that J A. Farrell be em-
 ployed to Superintend the con-
 Struction of the Court house and
 jail at a compensation equal to
 per cent of the amount of con
 tract price QesS amount already
 expended Said employment of J.
 A Farrell shall be effective and become of force and virtue Janu- ary 17th, 1912; it is further order
 ed that the Clerk of the Board notify MT. Farrell or the above
 motion in writing"
 III.
 That J. A. Farrell on the 17th day of January 1912 pursuant to the reso- lution last aforesaid entered into and upon the discharge of the duties Of Superintendent of the construction of said court house and jail, and continu- ed in the discharge of such duties un- til the 17th day of February 1912.
 ".
 That on the day of February 1912 the Board of Supervisors of the County of Greenlee, State of Arizona, successors in office of the Board of Supervisors of Greenlee County, Terri tory of Arizona, by it's resolution duly passed and adopted, dispensed with the services of J. A. Farrell, plain tiff herein, as Superintendent of con struction of the said Court house and jail, and re-instated the said E. c. Heck as Architect and Superintend- ent of the said Court house and jail, in conformity with, and under tne pro- visions of the contract made with Ot- to P. Kreuger, for the construction of said Court house and jail. That under the terms of the employ meut of the said l. A. Farrell as such Superintendent of the construction of such Court House and Jail he was to receive as full compensation for his services the sum of , per cent on the value of materials placed in place in said building, and labor performed thereon, during the period of time be was employed as Superintendent or the construction of said Court House aSd Jail: that the duration of such employment was optional and at tue pleasure of the Board of Supervisors or the County of Greenlee, Territory of Arizona, and it's successors ip Of flee.
 VI. That on the 1st day of February 1912 plaintiff herein, J. A. Farrell as such Superintendent of the construc- or said court house and jail filed the following statement of material in place in said building with the Board of SuDerViSOrS of Greenlee COnntN. 1