Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-09-23
]. H. WILSON'S
HELDLIABLE ON
ROCkCONTRACT
Attorney Garden in Opinion
Says Contractor Owes
LII. City $171.41

Replying to question submitted to
the attorneys department by II. E.
Wescott. purchasing agent, Second
Deputy Attorney w. T. Garden has
submitted the following opinion with
reference to the liability of J. II. VIII
son. contractor for crushed rock for
the city and county road department,
for an excess in price Of rock furnish
ed by Honolulu Construction and Dray-
ing Company after Wilson had given
notice that, on account OF a break
down In his plant, he was unable to
fulfil his contract: -. ~."..
In re purchases Of No. 2 and No. 4
crushed rock, during the period Aug
ust q to August 81, 1916, for the use
of the Road Department OF the City
and County of Honolulu from the Ho-
nolulu Construction and Draying Com
pany as against the contract for the
purchase of the same from ]. H. VIII
son.
Enclosed herewith please find doc
uments in this matter, showing the
purchase Of total of 1897 cubic
yards No. rock and 1924 cubic yards
No. 4 rock, aggregating the amounts
of $623.14 and $Sl9.39 respectively, a.
total amount of s942.53.
AS stated by you to me the proceed
ure In this matter was as follows:
J. H. Wilson was under contract
with the city and county to deliver to
the city and county all crushed rock
OF Nos. and 4, at request for the
prices OF $1.00 and $145 per cubic
yard, respectively. During the period
August q TO August 81. Mr.. ]. H, VIII
son, upon the request Of the road de-
partment for the furnishing Of crushed
rock Of sizes Nos. and 4, informed
the representatives of the road depart
ment of the City and County of Homo
lulu that, owing to breakdown In HIS |
crusher, he was unable to furnish
rock as requested. Upon the further
request Of the representatives of the
road department that he designate the |
person or firm or corporation who
would supply rock to the city and
county of Honolulu on his account, he
declined to do so. He was thereHpon |
informed by the Representatives of the |
road department that they would pro-
coed to obtain the necessary fock in |
the open market, holding him liable 1
for the difference, IL any, between his |
contract price and the price which |
would be necessary to be paid in the /
open market 4 understand further
that prior to each purchase Of rock /
from the Honolulu Construction and
Drawing Company Mr.. Wilson was in
formed OF the need OF rock and was
requested either to supply 1t himself
or designate the individual, firm or
corporation who would supply it for
him.
The statement submitted by you to
me shows that the difference between
the amount charged by the Honolulu
Construction and Draying Company
and the contract prices I'M
der which Mr.. Wilson was bound to
furnish hts rock ($76312) is the sum
OF $179.n.
would advise you that the proper
course for you to pursue IN the mat
ter will be for you, to notify the audi
tor Of the city and county OF Honolulu
that the city and county of Honolulul
has claim against Il H. Wilson in the
amount OF $179.41 on. account OF. the /
above transaction and notify him to
hold up sufficient warrants, payable to
J. H. Wilson. to cover the above am
cunt. would further advise you to
to the board Of supervisors
Of the city and county OF Honolulu,
Tor consideration at its next meeting,
> similar statement setting forth the
antire transaction in order that the
board may deduct from any appropria-
lion for the benefit of ]. H. Wilson the
amount Of said claim of $i79.41. II