The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 330
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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830 '' 256 FEDERAL REPORTER
that the plans were defective and insufficient; that the Falls City Construction
Company had taken forcible possession of the lots upon which the building
Was to be constructed, and refused to deliver them to the board. There were
prayers, that the defendants be required to restore the lots, and that they be
restrained from interfering with the possession and control of them by com-
plainants S that they be restrained from proceeding to build the courthouse.
or in any manner enforcing or attempting to enforce the contract; as against
W. L. Stevens,'that he be restrained from proceeding with his application for
mandamus in the circuit court to compel the-president of the board to sign the
warrant, and praying for the cancellation of the contract between Stevens and
the board. -Upon execution of a bond for $10,000, injunctions as prayed for
were issued. The injunction as to the Falls City Construction Company was
so modified as not to require surrender of the lots.
Upon petition of Falls City Company, Johnson, and Stevens, the case was
removed to the United States District Court. Motions to dismiss the suit were
filed by the Falls City Company and by Stevens on July 19, 1915.
On August 15, 1915, an agreement of settlement was made, signed by at-
torneys for all the parties. For Stevens, the agreement was "executed by his
attorneys of record, Parks & Prestwood." The agreement saved all claims
and rights of Stevens, except "Stevens waives damages on injunction bonds."
On September 1st, Stevens, by other attorneys, filed a "motion and objection,"
objecting to the dismissal of the suit pursuant to the agreement, and denying
that he bad executed or authorized the execution of the agreement.
On October 23, 1915, Stevens filed an answer and counterclaim. The counter-
claim alleged that on the 1st of September, 1915, he filed with the board of
revenue of Covington county a petition, and claimed that he had earned under
this contract 5 per cent. commission on $144,500, three-fourths of which was to
be paid at the time of the letting of the contract by warrants on the county
treasurer, bearing interest at 6 per cent., and the remainder during the period
of the erection of the courthouse, the total sum amounting to $7,225: also a
claim for damages sustained as the result of the county's having filed a bill
in the chancery court against him and others, which was removed to the
United States District Court, and wherein he was charged with bad faith and
fraudulent conduct under his employment, the amount of this actual and ex-
emplary damages being $22,775, the total amount of his claim being $30,000;
that he alleged that he had been allowed the sum of $4,198.14 for part of the
services rendered, and that the board had delivered to him a 6 per cent. in-
terest-bearing warrant, maturing February 1, 1916, signed by four members of
the board, but not by W. S. Simmons, the president; and that, on this ac-
count, the warrant had been of no value to him, and that he presents the same
to the president again, with the request that it be signed. The counterclaim
alleges that the allegations and prayers of this petition to the board were
true; that it had been regularly forwarded to the board of revenue by regis-
tered mail; that it had been sworn to by him, and that all the formalities of
the law had been complied with; and that the board, although having had
ample time to determine what action should be taken, failed and refused to
take any action whatever. He alleged in his counterclaim the truth of the
statements of this petition to the board, and prayed for judgment for the
amounts claimed, $7,225 and $22,750. He further alleged that, since the filing
of the suit, Covington county had compromised with the Falls City Construc-
tion Company by paying them a sum of money to be relieved from the con-
'tract; that the company had surrendered possession of the lot upon which
the courthouse was to be constructed; that a new contract had been let for
'the construction of the courthouse at $75,000, and that the county would
issue warrants evidencing indebtedness for this amount, payable in 15 years;
that the county was creating other indebtedness, the result of which would be
to postpone the payment of the debt due him-and prayed that an injunction
issue, retraining the board from entering into any contract, or issuing war-
.rants, for the construction of a courthouse, and prayed for a temporary re-
straining order pending trial. In the alternative to a judgment for the $7,225,
he prays that,,if the $4,198.14 be held not due, plaintiff county, through the
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/344/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.