Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-08-30
DR.. 3. o. FRAZEY SUES c. r.
JOHNSON, CONTRACTOR, ON
ORAL CONTRACT. /
CLAIM MADE FOR $4,000
AND ACCOUNTING ASKED
Peter Olson Sues Public Utilities for
$1,000 for Alleged Personal In
juries-Other Petitions Filed for
September Term of the District
Court.

An action begun in district court,
involving the cost plus system as II
applies to building work. that will be
watched with interest because it In
wolves a point that probably has not
been touched on In law actions To-
cally. has been filed by DR., B. 0.
Frazey against c. F. Johnson. a
building contractor. DR.. Frazey makes
claim for $4,000 damages. alleged to
BIO due because Of breach of contract
and the high cost Of remodeling the
Frazey home, 10T North Third street
into an apartment. An accounting is
asked for sums alleged to have been
received by the defendant from the
plaintiff and his expenditures for
materials and labor, and an order re-
curing the refunding of any ba1apce
or surplus remaining in the defen-
dant's hands.
Oral Contract Set Up.
Or. Frazey says in the petition
that he entered into an oral contract
with Johnson for remodeling the
house, 1t being alleged it was under
stood that the cost would not ex-
coed $1,000. johnson. the petition
says, was to receive the actual cost
of material and labor plus 10 per cent
as profit. In June II was found. the
petition continues, that the work was
not completed but $1,000 had been
expended. The defendant then esti-
mated, 1t Is averred. that to finish
the job 1t would cost an additional
$4,000.
The plaintiff then alleges he re-
quested the defendant to abandon
work and cease expenditures. The
defendant is averred not to have done
so until he was notified in writing.
Thereafter, IL is alleged. he refused
to make settlement with the plaintiff
Olson Asks 81 900 Damages.
Peter Olson asks damages in the
sum Of 81 900 In suit filed against
the Iowa Railway and Light Com
pany. He alleges he suffered perman-
.ent injuries while in the employ Of
the city. due to the negligence OF the
utilities company. Olson AYERS that
he was engaged in cutting pipe and
that in order to do so 1t was neces-
sary to put timbers across the car
tracks.
While he was seated astride the
timbers car approached and with
out warning struck the timbers.
throwing his from his position. Per-
manent injuries TO his leg and ankle
are alleged to have been sustained.
Other Cases Filed.
A III i,,I %xn
material sold the defendant for the
construction Of silo roofs, the Joyce
Lumber Company has filed suit
against r. w. Galloway.
The Chicago Great Western Rail-
way Company is made defendant In
a suit brought by Dan Elery. resid-
ing on n farm west of the city, in
which Judgment Is asked for $500 for
the loss Of three heifers, which were.
it is alleged that a portion Of fence
had been removed by agents Of the
company and had not been replaced,
and the cows got on the track and
We're killed by train.
Charles Howson is plaintiff in
suit against the Ames Agricultural
Seed Company. in which, he asks
Judgment for $210.4s. He alleges that
he purchased from an agent Of the
company twenty bags of grass seed
which did not prove to be of the
quality promised.
w. B. Thompson, Of this city, is
plaintiff in divorce action against
Mrs. Mayme NJ. Thompson. Thomp-
son does not ask the custody of two
children, Wilbur, aged 8, and Gerald,
aged 5, but agrees to make provision
for them, leaving to the defendant, in
lieu of alimony, residence property
at 709k West Boone street. Mr.. and
Mrs. Thompson were married at Port
Byron. ILL.,, Feb. %, 1910.