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Circut Court Notes

Circut Court Notes image
Parent Issue
Day
19
Month
May
Year
1899
Copyright
Public Domain
OCR Text

The replevin case of Charles R. Whitman vs. Adrián Hare was on in the circuit conrtTnesday aftemoou. This is the case which when it was tried in the justice court bronght to snch a scène between the attorneys in the case which was fnlly rêportèd in the Argns at the time. It appears from the evideuce that Mr. Whitmao contracted with a Detroit firm, Otto & Sheldon, to build a house for him on a lot on Ann st. , this city, the consideration be.ing $2,800. Mr. Whitman was to puy for material and work as the work progressed and wheu there was any dispute abont the value of the material furnished or work done, it was to be referred to the architect wbose jndgraent was to be final. The house, according to testimouy was to be completed and ready for occupancy by Oct. 1 , as it was to be used as a fraternity honse Up to the time of liegiuuing of the snit Nov. 15, 1898, Mr. Whitman had paid $3,544 on the contract price It appears that the c ontractors purchased a fnrnace of one Hare, the defendant in the case. Ihey expecttd to pay for it as they claim with money received from Wbjtman. Whitman claims that he had knovvledge of certaiu bilis of the contractors for material which had not been paid aud for that reason was obliged to protect himself. It seems the house was not fully completed within the specified time and that the fraternity moved in bufore possession the contrractors had completed their work and tnrned the house over to Mr. Whitman. Finally as Whitman would not pay the contractors for the furnace tkey gave their consent for Hare the detendant to remove the farnace which he did although it was fully conjiected up and in use at he time. After the furnace was at the Central depot Whitman replevined it and took it back to the house. He claims the fir,e pot was cracked, that he was obliged to put in another furnace tem porarily at a considerable expense and finally to purchase a new furnace, henee the suit. The jury in the case is composed of the following gentlemen : Henry Koch, C. J. Kelley, Geo. Spathelf.jr, Henry Fullington, Wm. Reiser, ' Chritopher Lyman, Hudson Larzalier, Edward Burke, Walter Lathrop, J. J. Jenes, Wm. M. Dansingburg, George Mills. J. W. Bennett is the attorney for plaintiffj and M. J. Lehman and is Detroit attorney represent the defendant.