The Leon reporter. (Leon, Iowa) 1887-1930, 1914-08-20

Brown and Robinson as park COM
missioncrs, without legal process by
physical force took up and threw out
said fence to his great damage and
injury He asks for judgment as
damages in the sum of $500 and that
the park commissioners and their
successors be enjoined from Interior
ing with plaintiff in placing his fence
so as to include the 16 feet in con-
troversy. v. r. McGinnis, attorney
for plaintiff.
Leon Electric Co. VS.. City of Leon.
The plaintiff brings suit over writ
ten contract made with the city to
do the pumping of the water from
the city we'll which was entered into
on August 8, 1913. Said contract
making the following provisions:
"The party of the first part in con-
sideration of the sum of Is cents
per 1000 gallons agrees with the
party of the second part to furnish
the power and deliver the water from
the city deep we'll into the stand
pipe for period of seven years.
1T is further agreed that in con-
sideration of the first party pumping
said water as before said for 15 cents
per 900 gallons that the party OF
the second part will install and main
tain as part of the city pumping
plant, the following machinery:
zone Ingersoll Rand Imperial Air
Compressor of 100 gallons per min
ute capacity.
"One SO horse power A. G. Induc-
ton motor to operate the above COM
pressor."
lone 10 horse power motor to
drive triplex pump already installed
also one water meter to measure
the water pumped.
ct is further agreed that said
party of the first part may furnish
the power for pumping said water
daily during the hours commonly
designated as ''off peak hours, being
a period between the hours OF II o.
clock midnight and 6 O'Clock p. M,
the following day, except that if it
should be necessary to pump water in
the case of fire or necessary on the
account of other unavoidable occur
rences the said first party shall fur
nish whatever power necessary that
may be needed to supply such guam
tity of water as may be required.
The second party agrees to keep an
accurate record of the number of
hours pump is in operation per day,
also meter readings at starting and
stopping of pump
The plaintiff in their petition allege
that one of the considerations and
conditions of said agreement was that
the city would furnish pump that
had a capacity of 100 gallons per
minute and that the agreement was
made and entered into on the condi-
ton and understanding that said well
would furnish and supply sufficient
water to throw 100 gallons per min
ute and that the pump furnished and
would be sufficient to raise and
produce the same, but that the city
has failed, neglected and refused to
furnish a pump that would throw
100 gallons per minute with what
ever power might be applied to it
and that the we'll is incapable and in
sufficient to produce the same. That
the contract has been violated in this,
that either the pump provided is not
sufficient to furnish the amount of
water contracted and provided for
or that said we'll is insufficient and
unable to produce on account of the
size of the same, and in either event
the failure of said contract is based
upon either the failure, neglect and
refusal of the city to provide suffi-
cient pumping system or the mistake
of the parties in regard to the amount
of water said well could and would
furnish and supply. That on account
of the we'll only furnishings not more
than IS gallons per minute or the
pump being insufficient to lift and
produce the same, plaintiff has been
compelled to furnish power of about
SO per cent in addition to that con-
templated in the said contract and
plaintiff has been at additional ex-
pense the council refusing, to allow
additional compensation. Plaintiff
alleges the contract was entered
into with the understanding that
the air compressor was to be one
air pump of 46 horse power and that
the same would raise and throw 100
gallons of water into the reservoir
per minute, but after entering into
said contract the city installed Sc
horse power compressor and plain
tiff has been compelled to furnish ad-
ditional power. Plaintiff also alleges
the part of the contract designating
the hours when pumping was to be