The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-10-06


same carefully and advised this defen
dant that said contract was valid, lega
and binding, that this defendant had q
perfect right to make this contract
with the said Wisner, and that the
said Wisner had a perfect right to hire
said team to the said Crawford, and
advised this defendant to direct the
said Wisner to continue to haul upon
said highways for the said Crawford.
Defendant would further show to
the court that this was the last and
only complaint or criticism, which
came to this defendant, until some
time in the summer of 1915, when this
defendant was informed that one De
Campbell had made some complaint
about the team of the said Wisner
hauling upon said highway when this
defendant Immediately went again to
w C. Whitthorne, county attorney
and told him what he had heard, and
asked what he must do in regard to
the matter, when the said Whitthorne
said to this defendant your contract
is legal and binding, and you had a
perfect right to make the same, but in
asmuch as this man is complaining /
believe | would let Wisner quit haul
ing, when this defendant so directed
said Wisner, and the team was not
used thereafter, until late in the fall
of 1915, when the road commissioners
in company with Judge ]. T. Nc
Knight, the county Judge for Maury
county, were going to Williamsport, or
Cross Bridges, when the question was
raised in the same way about the
scarcity of teams, and the inability OF
the said Crawford to procure teams
sufficient to pull the grader on one of
the public highways in the Ninth dis
trict and the said contract between the
said Murphy and the said Wisner, was
again discussed by the county road
commissioners and Judge Mcknight
when Judge Mcknight said to this de
PENDANT your contract with Wisner is
legal and binding, and he has right
under that contract to work your team
and wagon every day that the same is
not engaged upon the farm, and that
this defendant would be liable to the
said Wisner in damages for his failure
and refusal to use said team upon the
highway or anywhere else that he saw
fit to hire the same, and Judge Nc
knight then and there advised this de-
| PENDANT to allow said team to be hired
to the said Crawford, to help to pull
said grader. When this defendant and
the other members of his party re
turned to Columbia, he and c. \.
Hight, together, went to the county
attorney, Whitthorne, and repeated to
him the conversation which they had
had with Judge Mcknight, and the
advice that Judge Mcknight had given
him, and asked Mr.. Whitthorne, the
county attorney, for his opinion as to
whether or not the defendant should
lcomply with the opinion and advice
| of Judge Mcknight and the county
attorney said to this defendant, the
team is badly needed; that those
roads have just been bought and it is
necessary to work them before winter,
and advised the defendant to allow
the said Wisner to carry the team to
help to pull this grader.
The defendant for further answer
would show to the court that when
his contract with the said Wisner was
first submitted to the county attorney,
Whitthorne, and his opinion given
thereon, that said contract was valid
and binding and that the defendant
had the right to make the same, the |
defendant then submitted said con
tract to his own regular counsel, who
had successfully defended ]. B. Lowell |
in the case of State Elk Rel VS.. J. B. |
Lowell, which involved questions sim |
liar TO those involved in this cause, |
and thus the defendant was advised |
also that his contract was valid, bind
ing and legal, and that he had a per
feet right to make said contract and |
that said Wisner had right to hire |
said wagon and team to any and all
persons to whom he saw fit under said
contract.
This defendant for further answer
says that w. C. Whitthorne as such
county attorney, was such and is the
legal adviser of the county court of
Maury county, and of the county road |