The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-03-16
CASE HAS BEEN
PENDING FOR The
PAST TEN YEARS
Was Once Carried to the Su-
preme Court Where Certain
Questions Were Decided.
ACCRUED INTEREST IS
AS MUCH AS PRINCIPAL
Opinion Is Handed in by Judge
E. C. Maxwell, Special
Master in the Case.

Master in the Case.
That Escambia county owes TO the
tBlount Construction Company approx
imately s5O000 for work on the coun-
~ Jail building. was the opinion hand
ed down yesterday in the circuit court
by Judge r. @. Maxwell, special mas
ter.
y The case has been pending since
1912, and was carried to the supreme
court, when question of the right 10
make a change from certain plans was
decided. The principal question in
volved seemed to be as TO whether the
change of plans for the construction
of the building applied only to cell
blocks or to all OF the building.
In rendering his decision, Judge
Maxwell closes with this statementt
"This leaves a balance due the COM
plainant OF s27,6S4.T1, TO which interest
should be added at the rate OF eight
per cent per annum. from date OF
suit" This interest is S21. .1s4.00, max
ing approximately $4,000 which, ac-
cording to the opinion OF Judge Max
well, the county owes TO the Blount
Construction Company for cons1uc-
tion work on tho county jaiI building.
The opinion OF Judge Maxwell fol-
lows:
In this case the number of con-
tested items of charge on each side
is large. Most Of them. however, viii
be controlled by the dissemination
made OF few of the main questions
Of right or principles OF law involved
in the case, and without elaboration,
state my views as these.
"A principal question is whether the
change OF plans for the construction
of the building applied only to the cell
blocks or to all of the building as
shown by the plans OF the Southern
FeTro Concrete Company. THE right
to make the change from the Benz
plans seems TO be concluded by the
decision OF the supreme court when
the case was before It.
''That tho change as made applied
to the whole building seems to me
clear. The bid for the work on the
reinforced concrete basis was ito erect
county fail building as per plans pre-
pared by the Southern Ferro Concrete
Company of Atlanta, Georgia, making
two cell blocks of concrete through
out, and using system OF above firm
in ell reinforced concrete work. These
plans covered the whole building. and
not simply the cell blocks. There is
some conflict OF testimony as to
whether the county commissioners in
accepting this bid had the Southern
FeTro plans before them. The natural
presumption would be that in making
a. contract Of this magnitude they
would feel in duty bound to see what
plans they were adopting. But whether
they did so or not, the plans were n
part OF the bid, and when the bid was
accepted It was for the erection OF the
building according to those plans.
"If any ambiguity was imported into
the bid or contract by the reference
made therein to cell blocks, It would,
in my judgment, be set at rest by the
conduct of the parties In performing
the contract. For eighteen months the
building was in course OF erection, the
whole of it being built according TO
the Southern Ferro plans, under the
constant supervision OF the architect
employed by the county and the more
or less casual inspection from tine 20
time OF members Of the board; con-
stant changes and charges for extra
work arose from month 20 month by
reason Of the change OF plan being
applied 70 the whole building instead
Of 10 the cell blocks only; these were
approved by the architect, submitted
to the board, some approved, and no
objection shown TO any on the ground
that the building should have been
erected according TO the Benz plans
until the final differences arose be-
tween the parties upon the tender OF
the building for acceptance.
Il find, therefore that the Southern
Ferro plans governed as to the entire
building, and not as 70 the cell blocks
only. This incidentally carries with
# some Of the claims for allowance
TO be male the county for cheaper
construction under the Southern Ferro
plans than under the Benz plans: this
saving having been made of course,
one Of the elements entering into tns
amount OF The bid under the new
plans.
Claims are made by the complain
ant for damages for delays some defi-
mite ard some indefinite IN the per-
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