Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-11-13

ness under the firm name and style !
Of Kuhlman & Kelliher, and said |
Tonopah school district No. 20 was
and is quasi corporation organized |
and existing under and by virtue Of
the laws Of the state Of Nevada,
and,
Whereas, controversy now exists
which might be the subject of a civil |
action between the said A. II. Kuhl-
man and AL Kelliher, co-partners as
aforesaid, herein designated as the
parties of the first part, and said
Tonopah school district No 20, here
in designated as the party Of the
second part said controversy inyolv-
ing the following contentious assert
ed by the parties of the first part, to
wit:
A claim for excavating and filling
below zero line as extra work, to
wit:
Excayating 200 yards at $50
per yard ..-.......-................, 100000
Filling 900 yards at 80 cents
per yard ........-....-..... 297OO
Extra concrete work from be
low zero line. claimed as
extra work ..--......-.. 1862 S5
Difference between brick and
concrete work of furnace
chamber around furnaces.
claimed as extra work k 277O0
Aggregating s2536S5, claimed by
the parties Of the first part as due
them for extra work done and ma
terial furnished on said building, each
and all of which claimed indebted
ness is disputed and denied by the
party Of the second part; and.
whereas, the party Of the second
part claims an offset arising under
said contract at the rate Of $25 per
day from and after June /, 1913, al
u m, to October !. 1913, at ~ m.
aggregating $4,000; also the sum Of
about $500 claimed by the party o.
the second part as damages, which
sum has been paid to the superyis
; ing architect for services performed
by him on said building, from anC
after June /, 1913, to October !, 1913
all Of which claims by the secon'
party are denied and disputed by th'
first parties and,
Whereas, the foregoing embrace
all moneys claims on behalf Of tn
respective parties; and,
Whereas the parties hereto ar
capable OF contracting;
Now, therefore, the undersigned
being all the parties above named
do hereby mutually covenant an
agree to submit the said items an
claims Of the parties OF the first pai
and the offsets. items and claims {
the party Of the second part an
all thereof hereinbefore specified,
Il p. S. Booth and Thomas J. Lyme
~ anu d. w EHitN NNEAAlA u Nhb 'AAHAA q
Ii bitrate, award, order, adjudge an
II determine the same, with power
y. award the payment Of costs and e
N penses incurred in said arbitratio
n. including the arbitrators fees, as fC
le lows. TO wit One-half to be pa
le by the party on the first part al
te one.half to be paid by the party
Is the second part
le Said arbitrators shall have pow
as provided by statute to appoint Il
time and place for hearing, to a
iourn from time to time, to admin
re ter oaths to witnesses, to hear {
allegations and evidence Of parti'
cd and to make an award thereon; a
tn majority of said arbitrators m
NJ determine any question herein
ed All said arbitrators must meet a
III act together during hearings and
ne yestigations herein. Award must
az made by the arbitrators herein wi
10 in ten days from the date hereof.
IN It is further understood and agre
Is that each party shall pay all costs
ma any witnesses or testimony produ'
ny by him at the hearing; that ST
St costs shall be included in the iu
mr. ment or award to be entered here
atn that the award to be made by s
IN arbitrators shall be by us, and Ct
of us, we'll and faithfully kept
,,o served and performed, provided h
ever that said award be made
j, writing by said arbitrators, or
~ jority of them, and delivered to e
- ',,, of the parties to this agreement W
in the time limited by this SUBJ
sion; that the agreement to a
~ , trate be entered as an order OF
J. district court Of the fifth judicial
~, ~ trlct of the state Of Nevada IN
' for the county Of Nye where all
parties hereto reside, and that II
filed with the clerk Of said CO