Alma record. (Alma, Mich.) 1878-1928, 1920-04-29
VERDICT GIVEN
CITY IN CASE
Judge f. j. MOinet Directed Ii
Last Saturday
Afternoon.
CARELESS MONEY HANDLING
Featuring Case Was the Ease With
Which Funds Were Paid
Out.

battle, the City Of Alma was given
= verdict in Circuit Court Saturday
afternoon over A. r. Purcell, Jackson
well contractor, and hence has the
title of the well digging machinery,
which was replevined last July by
the city, after the wells here had
been tested and it was found that
the flow of water contracted for, was
not being secured.
The jury was instructed by Judge
E. ]. Monet to return the verdict
that was given, thus bearing out the
opinion. of local officials that Purcell
would not be able TO show to the sat
isfaction of the court, that he had
completed his contract.
During the latter days Of the case
Purcell had a man by the name of
Johnson in Circuit Court as an ex-
pert on wells. His testimony was
picked to pieces by Searl and kress,
attorneys for the city, and did little
if any damage TO the facts which the
city had been seeking TO establish be-
fore the court.
That full payment had not been
made TO Purcell was shown by the
city, when il was shown that an un-
authorized check for $4,000 had been
issued by the city clerk just before
the city commission came in a year
ago, and that Purcell had received
the money on this check. 1t was also
shown that another sum Of money,
which had been ordered withheld by
the city council about that time, had
later been paid to Purcell with
another estimate, which had the o.
K. of John White, city engineer on 1t,
the intimation here being that the
council believed that the amount rep
resented was solely for the estimate,
and that il was relying on the city
engineer, White, TO see that 1t was
correct
At times things waxed rather
warm in the court room, and several
times Attorney Searl intimated, and
said that the plaintiff did not desire
10 have the defendent concede any
thing, and again Searl intimated a
steal from the city, referring most
evidently TO the unauthorized check
of $4,000 which was paid to Purcell.
It having been shown satisfactorily
that Purcell did not complete his con-
tract with the city and that as re-
suit, the well digging machinery be-
longs 70 the city, It would seemingly
follow that the city is entitled TO
damages in the $4,000 suit which
will come up at the next term OF
court The question now seems TO
be just what the damage TO the city
is.
The charge of Judge +. j. Monet
TO the jury in the case is highly in
teresting, and covered the points of
the case completely. The charge fol-
lows:
Gentlemen of the Jury, after the
evidence in this case has been closed,
the Court is Of the opinion that there
is no issue of fact 10 be submitted
to you gentlemen, but that the case
resolves into a question Of law grow
ing out Of the construction Of this
contract. Under the law it is the
duty of the Court 10 construe this
contract as to the legal effect upon
the parties TO the obligation, and the
Court holds that there is no issue of
fact to be submitted TO you gentle
men, but that it is his duty to direct
verdict in this case.
"In the first place | find that the
provision regarding the recovery Of
the possession of this property in
this action Of replevin is not pen
atty and is not void, but is enforce
able under the law of this state. and
therefore if other things be true the
plaintiff is entitled 10 recover pos
session Of this property in this action
as | will direct you later on.
at is undisputed in the case that
no combined test was made by the
contractor Mr.. Purcell, Of these
fourteen wells. While this contract
is somewhat involved-it is peculiar
ly drawn-yet the Court in endeavor-
ing 20 arrive at the intentions of the
parties must look TO the entire mat
ter and transaction 1t would not be
proper to select some little provision
of the contract and then undertake
TO construe il, but TO take the entire
contract as the law and the courts
bold from the four corners Of il and
endeavor to arrive at what was the
intention and the contemplation oi
the parties at the time il was en-
tered into.
"And ! hold under the law in thi.
case that under this contract il was
the duty Of Mr.. Purcell to make ;
combined test of these fourteen wells
and TO demonstrate TO the Common
Council and the engineer Of the city
that he has conforTned 10 his guaran
ty in the contract which is that th'
said contractor guarantees TO pro
duce two thousand gallons Of watei
per minute at not 10 exceed Is inche.
vacuum at elevation SIS city datum
for the sum Of $4,000"
II believe from the contract tha
II was within the contemplation o.
tContinued or page fve)