Evening capital news. (Boise, Idaho) 1901-1927, 1914-08-26

appeal her own water rights and those
of number of other investors are COM
bined through assignment to make a
test case of the liability of the surety
or bonding house which in this in
stance is the Title Guaranty & Surety
company Of Scranton.
The appeal liied today, containing the
complaint of Hazel Sauve goes on to
state that on or about April 80, 1907,
the Big Lost River & Irrigation COM
pany was and for a long time prior
thereto and subsequent to that date had
been a corporation organized and doing
business under the laws of the state of
Idaho and on that date entered into a
contract with the state of Idaho for the
reclamation of arid lands comprising
10000 acres IN Custer, Blaine, Bingham
and Fremont counties; that up to Feb.
l, 1909, this company was engaged in
the construction of irrigation works for
the irrigation of the land and in the
selling of water rights that under the
contract the company had with the
state it was to complete the project on
or before April 80, 1872 that for faith
full performance of this contract it de-
livered through the Title Guaranty g.
Surety company a bond of 100000 to
the state of Idaho.
Big Bond Is Given.
On Sept. 23, 1907, the complaint re-
cites one Ben r. Bush made applica-
ton and entered 160 acres of land in
the project and purchased water rights
or entered into a contract with the
company for water rights paying the
sum of $4,000 and agreeing to pay $500
additional; that on or about February,
1909. the Big Lost river sold and con-
veyed to George S. Speer of Chicago
all of it's property, title and interest,
including the contract of Mr. Bush;
that on May 81, 1909, George Speer
entered into a contract with the state
of Idaho for the irrigation OF the land
in the project and that a second bond,
this time for $4,000, was given by
Speer with the Title Guaranty g.
Surety company as surety to the state
of Idaho for faithful performance of
contract in the completion OF the pro-
ject.
The appeal declare: George s. Speer,
his successors and assigns, and each of
them, have entirely failed, neglected
and refused to perform each and every
of the obligations recited by the said
Speer to be performed under the terms
OF the said contract with the state
of Idaho; that he and each of them
have failed, neglected and refused to
construct the said irrigation system;
that the said Speer, his successors and
assigns, have, for more thanh three
years last past, entirely abandoned all
work thereon, without the consent Of
the said land board
Other entries and paid up water
rights assigned to Hazel Sauve in the
test suit are those of Guy C. Barnum
for 100 acres, together with those of
Fred Veatch and Edwin Snow.
Hazel Sauve seeks to recover from
the surety company under the $40. 900
bond for failure to complete the project
the following sums:
six thousand five hundred and sixty
dollars with interest on the sum of
5000 from April 80, 1911.
Seven thousand three hundred dol
lars with interest on the sum Of $4,000
from April 30. 1911.
Seven thousand three hundred dol
lars with interest on the sum of $4,000
from April 80. 1911.
1.-TWO thousand eight hundred and
eighty dollars with interest on the sum
of $2400 from April 80, 1911
"And. for such other and further re-
lief as to the court may seem just and
equitable and for her costs herein"
Edwin Snow and the law firm of
Perky & Crow appear as counsel for
Hazel Sauve and ]. F. Nugent, s. H.
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the Title Guaranty & Surety company.
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Eat Drinks homemade bread; high
est quality at good grocers. Adv. SIT
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