The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-21
asks $4,000 ON
BROKEN CONTRACT
Expected That Sand Case
viii Occupy Court for
Two Days.

a 10000 damage suit brought by
Samuel Polino, a contractor. against
iCs 1. Keck, sof Morgantown, trading
as the Keck Sand company, Is on
trial today before Judge W.. s. Hay,
,mond and a Jury In Circuit Court. The
suit ts the result OF the alleged fail!
ure Of the Keck Sand company to
carry out a contract with Polino for
the hauling Of sand and gravel used
In the construction OF the Buckhan.
non q Northern railroad on the East
Side.l
Attorneys Harry Shaw and Franz
Amos, represent Polino, the plaintiff
and Attorneys w. s. Meredith and
RolloS J. Conley, the defendant. The
jury hearing the evidence includes
William Cornell, w. B. Mason, Charles
H. Hood 1T. E. Cross. NJ a.. Fletcher,
Samuel Prunty, J. c. Moore, D. N.
Musgrove, D. D. Cunningham, Walter
Watson, Nv. B. Clayton and Henry p.
Gump.l 1T was announced that the
trial would occupy two days probably
and the court excused the rest of the
Jurors on the panel until Thursday
morning.
In outlining the evidence which the
plaintiff will present Attorney Amos
said that Polino entered into a con-
tractfwith the Keck Sand company
May. 4, 1914, to haul such sand and
gravel from the city wharf as would
be used In the construction OF the
Buckhannon & Northern railroad for
Morgantown. avenue and Water street
to Merchant street near tho Ice plant.
and that in an effort to fulfill the
terms Of this contract Polino brought
his teams and equipment at an ex-
.pense of $500 from Magnolia, w. Va,
and that he did actually haul about
$50 cubic yards OF sand, but that h eek
leaning that Polino was making about
sl1 a day per team discharged him
alleging that he failed to haul the. sand
fast enough. Polino alleges that he
had fine teams. one Of them valued at
$1,000 and that Kcck failed to deliver
sand at the wharf as psovitled In the
contract so rs to afford an exGnse cor
dtscharging him. Polino alleges that
the hauling Of about 10000 cubic
yards of sand and gravel was covered
by his contract and that at the con.
tract, price OF 30 cents per cubic yard
be would have made n profit OF from
$500 to. 10000 end he asks. TO be
reimbursed In this amount
Attorney W: s. Meredith in out.
lining the evidence which the defense
will present declared that, 1t would
be. shown that. keck always had suf.'
ticient. sand and gravel at the wharf
butthat Polilto did not have sufficient
horses and carts to deliver the sand.
Mr.. Meredith said tliat-kec't was com.
psllel;to provide extra teams and pay
Tor them during athe three days that
Polino was working on tho contract
and that one OF. ,polino's carts b-oke
down and Keck' was compelled to pro-
vide another In order to. keep the sand
moving. .itg ,i
9Keck alleges that he, was under .
contract with tho company conatrrct-
ing the .railroads and 7hc was compcll-
ed to- nee that the sand was deliver.
cd promptly or suffer grest loss. 80
(. Keek according to the terms of the
Contract, furnished I'M electric crane
for loading the sand from the barges
into the carts and Polino who,accoro:
ing to thescontract, furnished on, oper:
ator: for the. crane. supplied an incom;
petei,t man who. was unable to soper.
ate. the, crane and broke It, according
to the contention, Of the defense that
thefteams andtcarts furnished by Pol
inc were inadequate TODD the work
and; that sand was spilled ( on the
streets from the CARTS