Alma record. (Alma, Mich.) 1878-1928, 1921-05-12
SUPREME COURT uPHOLDS
GRATlOT COUNTY JUDGE

Following will be found the SUI
preme court decision i'm full. in
which it is clearly shown that the
supreme court upheld every point of
the city in the suit, and upheld the
contract that was drawn by John d.
Spinney, at that time city attorney.
James q kres, later city attorney.
and Kelly s. Scarf, handled the
case In circuit court, and Scarf and
w. A. Bahlke, of late Alma's city
attorney, in the supreme court.
The City of Alma. Michigan,
a Michigan Corporation,
Plaintiff-Appeilee
VS..
A. r. Purcell,
Observation-Disclosures
BEFORE: The Full Bench
Steere, j.
On April 80, 1918, defendent enter
ed into a contract with the City OF
Alma to drill for il sufficient num-
Der of wells to supply the city with a
stated quantity of water, the drilling
to be done upon a described block Of
land belonging TO the city. The es-
sential provisions of said contract
are as follows: Paragraphs number
ed for reference).
Q)-"the said contractor for and
and in consideration Of the price
named herein, to be paid by the city
and under the penalty expressed
therein, agrees and binds himself to
furnish all the machinery, tools, la
Dor, material, equipment, fuel, elec-
trio current, water, service piping,
weir measuring box and all special
connections for temporary use in de-
termining capacity of each well drill
Cd and everything necessary in the
premises, which may be required for
drilling, casing and testing a suf-
ficient number Of wells to furnish
the city with safe drinking water,
said wells to produce at least two
thousand 10000 gallons Of water per
minute at not to exceed fifteen (l5)
inches vacuum at elevation eighty
eight 1881 city datum, and said con-
tractor guarantees to produce the
same for the sum of forty thousand
(S40,000) dollars.
(2)-When individual wells are
drilled, the contractor shall put the
same through a standard weir. The
flow Of water shall be measured by a
standard weir. When individual wells
produce at least two thousand 10000
gallons per minute for all of them,
they shall be combined and measured
in one volume so there shall be at
least two thousand 10000 gallons of
water per minute from all of them
combined.
(D-The wells are to be eight (S)
inches to ten (10) inches in diameter
and shall be cased with a standard
black drive pipe and the screens TO
be used shall be manufactured BY the
Johnson Screen Company Of st. Paul,
Minp. s,s-...s..s=ss
(i)AThe laws Of the state and the
ordinances of the city must be OBJ
served by the contractor; good or
der must prevail; the engineer for the
city lis authorized to reject defective
materials or workmanship; contractor
will assume all responsibility for ac-
ciderts and casualties and hold the
city harmless and insure all men en-
ployed under this contract against
injury.
(5)-The payments to be made by
the city as follows: When each wei
is completed and the flow thereof i:
measured, the contractor shall be en-
titled to a payment of seventy-fiv,
(75) per cent of the pro rata on III,
total amount coming TO him under
the entire contract OF not less thar
two thousand 10000 gallons PEI
minute. The two thousand $1,000
gallons being used as a basis of com
putting the amount due him in eacl
instance.
(6)-Upon the completion of sal,
wells and the contractor has demon
strated to the common council AM
their engineer that he has produced
the amount Of water required undo
this contract and that he has paid al
claims for material, labor, accident
and damage and fulfilled all the GOV
enants Of this contract, he shall b.
entitled to fifteen per cent G5) o
the contract price; but this shall no
be paid until the final test of all tn
wells combined which is to be defer
red as to this payment until the cit.
has installed It's pumping machiner
and the necessary suction pipes lead
ing to the well.
(O-The remaining ten Q0) pc
cent of the contract price shall b
paid one year from the date of tn
final testing OF the wells providing
that the wells are producing tn
above amount of water under tn
above conditions which test shall
satisfactory to the common counc
of said city all as heretofore sc
forth in this contract. Otherwise sal
amount shall not be paid until tn
contractor shall demonstrate to tn
common council of said city and il
engineer, that the wells are furnish