Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1919-01-27
CLAIMS SUM OF $3.50

LlSI VI OLneT Eases flleu In
the District
Court.
The case Of the city of Webster
City vs. w. J. Zitterell and Lion
Bonding & Surety Company, has just
been filed in the Office of the clerk Of
the district court in which the city
demands judgment in the sum Of
$7,64O alleged due for damages.
In April, 1912, the city contracted
with the firm of Zitterell & Sullivan
for construction of pavement on
Boone street from Grove street to
Wilson avenue, the contract providing
that the payment should be construct
ed in accordance with certain speci-
fications adopted by the city council.
Before the expiration of the five
year guarantee, the pavement began
to deteriOrate by cracking, wearing
and crumbling, the city alleging that
the deterioration was not caused by
any fault or neglect on it's part but
was wholly due to carelessness and
negligence of the contractors in the
construction, and that the pavement
is vastly more inferior in quality and
value than that contracted and paid.
The city also alleges that it has
been damaged to the amount of 81 $40
and that the acceptance and payment
of the pavement was secured by de-
ceptiOn. and that it had not known
that the condition of the pavement
was defective. 1t claims that the de-
PENDANT has refused to repair or re-
construct the pavement to comply
with the terms of the contract or to
pay any part of the damages suffered
by the city on account of their failure
to do so, and that repair and recon-,
struction to comply with the specifi-
cations would entail large expendi-
ture OF money and that the city has
no fund available for such purpose
except the fund guaranteed by the
bond set out in their petition.
Other cases just filed are:
w. G. Winter VS.. E. w. Wilson, ask
ing judgment for $10347 alleged due
on merchandise.
r. w. Keith VS.. c. w. Jensen, claim
ing judgment for> $500 alleged due for
services.
r. III. Martin VS.. II. s. Baume, seek
ing judgment for $40 alleged due on,
note.
J.. v. Warden VS.. j. G. Peterson, c..
"A. Brooks, j. II. Filloon and Hamilton
county, demanding Judgment for 1928
alleged due for killing of horse by
falling in an open ditch.
rallister Bros vs. w. B. Kearns,
asking Judgment for $112.5O alleged
due for merchandise.
H. r: Gronbeck VS.. Board of Sup
ervisors Of Hamilton county and
drainage district known as Lear
drainage district, asking that assess
ment be annulled.
William Wilke VS.. William Turpin,
asking Judgment for $372.2S alleged
due on note.
First National Bank OF Webster
City VS.. Hermy Crouch, claiming
Judgment for $40 alleged due on note.
George w. Lee VS.. p. c. Little and
yerna Little, asking judgment for
$3.50 alleged due for rent of real
estate.
. Samuel Bingham Sons Manufacture
ing Company VS.. d. G. Chase and
Herald Publishing Company, claiming
Judgment for $3.50 alleged due for
printers supplies.
Geo. G. Talcott, C. B. Haldeman,
e. I. Johnson, executor and trustees
for J.. r. Talcoft, deceased, VS.. Il. J.
KeegaH demanding Judgment for
1925 alleged due on note.
4. ]. Thompson VS.. Lars Alvestad,
asking Judgment for $500 alleged
due for injuries received by automo-
bile.
Nettie Il. Tedrow as administrative
Of the estate Of ]. b. Tedrow, deceas-
ed, VS.. +. J. Keegan and Rose Kee.
gan, asking judgment for $42.5O al
legged due for professional services.
Nora Prendergast VS.. f. J. Keegan
and Mrs. Rose, Keegan, claiming judg-
ment for $1,G37.62 alleged due on n
note.
Erick Challie VS.. Walker D. Hines,
Director General Of railroads. and
Chicago & Northwestern Railroad,
seeking judgment for $500 alleged
lue for damages to property by fire
Itarted from sparks from engine.