OCR Text |
Show Civil fAatter Handled Here By District Court Action A civil matter was heard 1 In Seventh Judicial District Court Tuesday In the case of Donald May tfja May Swimming Swim-ming Pool Co. vs. Lee A. How-land How-land dba Campgrounds of A ro- erica, Green River. Mr. May was suelng for the sum of $990 on a contract balance for the construction of a swimming pool for Mr. Howland at the campgTound. Howland claimed that the work iras done In a defective manner man-ner in that the pool leaked and still continues to leak and loose large quantities of water, and addttkonal labor tor cleaning was made necessary neces-sary because of the plaint If rs alleged defective workmanship. workman-ship. The defendant also claimed that the contract was never fully completed and therefore, no sum whatsoever ns due and owing to the plaintiff. After hearing the evidence, Judge Edward Sheya, presiding, pre-siding, concluded that accord ing to the provisions of the contract, the ywlmmlng pool work was completed upon filling fill-ing the pool with water and upon the use thereof by patrons pa-trons or friends of theowner. Therefore, Judge Sheya ruled at that time the balance due on the contract was due and payable. However, the court allowed the defendant an offset of $200 for extra work madu necessary by the plaintiffs performance of the contract In cleaning the pool, and an additional $49.50 offset was allowed for leakage of water. Judgment was rendered In favor of the plaintiff and against the defendant for the difference between the amount claimed and the offsets deducted de-ducted therefrom, together with Interest at the rate of 6 per cent per annum from the date of completion on the amount due and owing from the defendant, plus attorneys fee of $3 50. |