Show 1 H SUIT EUIT damages against colff PA R I 1 IS STILL IN PROGRESS liESS evidence for the Defend defendants defendant an ts the contract a losing loshia 0 obe geo waterman and huigh hugs geo gee arze weal natives of england were admit ted to citizenship J S black and mr kella tt testified stifled in to the clas of work that mr hawley had expected to do under his contract with carey bros and the cost of ef doing the work for the purpose of showing what mr hawley could hays have made if he had been permitted to do the work werk mr hawley waa recalled and testified to the price of powder an all I 1 oats and aad the tha wages paid to men in Mon blon taa last summer in the section where he be worked mr crandall ot of springville Spring ville gave expert testimony in regard to the cost ceat of such work as mr hawley bad expect ed to ta get the plaintiff rested mr Ki kimball caball moved for a nonsuit for the reason that there was wag no competent testimony in regard to the q quantity uart y a and quality of the work for which mr r yaw a ley had haa contracted tho the motion was overruled mr sutherland asked the court to instruct in the jury to return a verdict for nominal damages as there was waa not sufficient evidence to prove the amount of 0 damage sustained by the tha pai miff judge blackburn BIsck burn refused to so ins titi ot mr sutherland made a statement tor for defend defendants ints they would show that no contract had been entered into ny corey bros and the plaintiff A memorandum of prices had been given by the bookkeeper book keeper of f corey bros broe no demand for damages had been made till mr hawley found he had bad lost money on the work assigned him and then the demand was made in a jocular way w ay in earnest the work that mr hawley claims ho should have bave had bad was given to competent contractors contract orE and they had lost money on en the con 4 tract they would also alsa show the entire work was wag only worth about and that they could not pea sibly have made a profit of 25 CM the amount of damages they clairn claim warren coray ceray was the first witness a for the defendants he had met mr mi hawley in may 1891 mr hawley was eng mining about railroad work and ana mr hawley and witness bad looked over the ark mr hawley had bad ei unified signified his cesire to do da the work and wanted a couer ct entered into hut but mr carey had tild him bim that he be would make no contract till mchawley Mr hawley had bad his outfit on en the ground mr hawley left to go after his teams with the understanding that if that work was let when he returned he should have other work witness instructed his big bookkeeper book keeper keener to give ive mr hawley a mem grandam of ef to show to mr black whom mr ha hawley aley wanted to ta go gain in with i him on the th contrat contract when mr hawley returned the work was wag lot lei and be was given other worle work The question as to whether the memorandum was a contract or ar not was decided by bv held that the memorandum wi was clearly a contract and that it was useless to call out any further testimony on that point mi ali corey testified to the cost of do ins ing the work on the ground that mr hawley wanted his testimony was that at the price paid to the contractors contractor ij who had the work mossy money afa lost on oil it court adjourned till tuesday rues day morning at 10 FOREN 00 11 ajr Steff har was examined for or the defense in the he case of 11 II IV hawly va corey bros co ile he is the book keeter clarrey bio co who gme the memorandum to mr hawley mawbey claims is a contract ac and which judge blackb blackburn urn also holds as a contract he stated that he was instructed by mr coray to ie ic mr hawley a memorandum of pries faw 11 watters walters one of the defendent 0 testified to the arrangements made with mr hawley he corro corroborated berated the t given by warren corey yost yesterday erday aney had taken the tha co con 2 braet from frain tho the railroad campany at 0 so low a figure figura that they lost money on it A bro brother aber of mr watters walters testified that larain go co who had taken the contract that mr haw ley wanted had bad lost m imbey nov on toe the work they were ca caretas c mp tint railroad men and did tle the ark in a bu business like manner court adjourned till 2 I 1 |