Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1913-09-24

{ ing: that the cost of removing and
| replacing will be much more than
che first cost of the granite wall:
that the architect has wro ngfully
and unlawfully included the gran
ite work in his estimate: that the
contractor has drawn more than
the value of the building In it's
present condition: that there is
danger of irreparable loss and
damage to the tax payers of Row.
an county if further payments are
made before the specifications are
performed, dangsr that it may be
abandoned without sufficient
money retained on the contract
with the bond included to com.
plete it. danger that it may be
fnished and paid for without
specifications being performed and
stand Is an eye sore, q disgrace to
the county and slander upon
one of county's important indus
tries.
8. That the contract provides
for the contractor to be paid
monthly as the work progresses
according to specifications IS per
cent of the work done and mate.
rial accepted during proceeding
month and he is not entitled to
receive anything for work that
hss not progressed according to
specifications: that the defendants
architect wrongfully and unlaw-
fully included the granite work
and other work that is not accord.
ing to specifications in his esti-
mates and is liable to county for
the money wrongfully paid out on
these estimator.
10. That the following is sum.
mary of architects estimate first
of September to wit:
Cost of labor and mate
rial to this date, $82, ,544, 27
Less Is per cent re-
tained as per contract 12,381.64
$40, 1928
Amount paid including
payment of Sept. /, $67, 1853. 6S
That plaintiffs are informed from
verbal statements of the srchiseot
that the granite and granite work
in his estimate il about eighteen
thousand dollars: that itsmized
statements of the work and mate
rial are not furnished the commits
sioners with his estimates.
II. That in building this court
house the King Lumber Company
directly or indirectly entered into
an undertaking or contract with
W. F. McCanless and P. A. Hart.
man to furnish the granite for
said court house, said contract
being made for the mutual benefit
of said Lumber Company and
McCanless and said Hartman and
McCanless being at the time in
the performance of their duties
and in the discharge of their trust
as Commissioners for Rowan
County, which was we'll known to
King Lumber Company: that said
contract was and is illegal and
contrary to public policy and ls
directly associated with the infe-.
rior quality of the granite and
granite work that said illegal
contract having become part of
the building operation and per-
meated through the business
transaction between the King
Lumber Company and the Board
of Commissioners for Rowan
county in respect to said court
house, causing irreparable loss and
injury to the tax payers of Rowan
County, the whole building con-
tract is tainted with the fraud and
the King Lumber Company is not
entitled to recover anything from
Rowan on account of said build.
ing, and is most certainly not en-.
titled to recover anything on &C.
count of the granite work which
is the subject of the unlawful
agreement.
12' That no voucher was passed
by the board in favor of the King
Lumber Company on court house
contract with the knowledge of
plaintiffs from the first Monday
in December to the first Monday
in June, 1918, and vouchers sub.