The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-04-08
AGREEMENT FOR
HOUSE DENIED
BY ]. n. HAGAN
Declares Also Home Building
Association Did Not Follow
Out Provisions of Law
HE ANSWERS STATES SUIT
Replies with Counter.claim Ask
ing that State Pay Back
Money Put in House

A new angle in the tangle of the af-
fairs of the Home Building Associa-
tiOn is contained in the reply of John
~. Hagan, former Commissioner of Az.
rlculture and Labor, to the suit filed
against him by the state for the cost
OF the house the state alleges was
built for him.
Hagan denies that lit was agreed
between him and plaintiff that he
would purchase from plaintiff under
any terms whatever, a~dwell:ng house
at the total selling price of said
house."
He charges that the Home Build
ing Association never accepted his ap-
pllcation for membership in a-Home
Buyers league, tor that such a league
was organized, and denies that any
constitution or bylaws was adopted
by any Home Buyers League of
which ne became a member. He de-
Lies that he ordered included all the
"extras" put in the house.
Mr. Hagan lived in the house built
In Bismarck from November %, 1920,
until November IL, 1921, he said, and
now denies that he occupied the
house in any other relation than that
Df tenant Particular interest is
attached to Mr.. Hagan's case as he
abandoned the house after it became
known that the cost of state-built
houses would greatly exceed the esti-
mates, and because Mr.. Hagan was
member of the Industrial Commission,
charged with general management of
Who hoyno hy,i1diro
Denies Responsibility
Mr.. Hagan admits that as men,
der of the Industrial Commission 'he
was somewhat familiar with the ac-
tual business of said association; but
expressly denies tha5 as such men,
ber he was chargeable with knowle edge
of all the activities and conduct of
the manager, subordinate officer,
agents and employees of said Home
Building Association" and denies
that as member of the commission
he approved and ratified all the acts
OF these employees
The Home Building Association
placed the cost Of Mr.. Hagan's house
at $8,S92.9S. In his answer Mr.. Ha-
gan says: Defendant further denies
that the actual cost Of the house
which he occupied as tenant for the
period aforesaid, including the lot up
on which 1t erected, was the sum
OF $8,892.98; or that defendant at
any tine agreed to pay to plantff such
sum for said house; or that said house
was at any time, or now is OF the
value OF $S,892.9S.""
Hagan makes counter claim
against the state for the money he
has put into the house. He charges
the Home Building Association with
Misrepresentation. He says: "That on
or about the 28th day Of August, 1920,
it was represented and held forth to
defendant on the part Of said plaintiff,
that upon the performance of GER
tain conditions and payment Of GER
tain sums of money by him, plaintiff
would construct and convey title to
defendant of q suitable and desirable
home, or dwelling house, to cost not
to exceed the sum of $5,00O.O0.
Authorized Alterations
defendant further alleges that re.
lying upon the, undertaking Of plain
tiff to construct and convey said home
to him at,jthe cost aforesaid, he Sc
lected certain plans or specifications
for house to be erected at cost
not exceeding $5,000.OO. That at
fater time he authorized certain alter
sations in said plans and paid to plain
tiff in cash the extra and additional
! cost of said alterations. He further
alleges that relying upon the repre-
sentations of plaintiff that said house
would .not-cost to. exceed $5,00GO0 to-
getheri with the, expense of said al
terations and extras, he occupied and
used said house as a dwelling from
about November End, 1920, to Novem-
Der II, 1921"
He says that by reason of "mis-
representations of plaintiff he has
paid at various times total of ST.
1926 and he demands this amount
with interest at per cent from the
state. S. E. Ellsworth, of Jamestown,