The replevin case of Charles R. Whitman vs. Adrian Hare was on in the circuit court Tuesday afternoon. This is the case which when it was tried in the justice court brought to such a scene between the attorneys in the case which was fully reported in the Argus at the time.
It appears from the evidence that Mr. Whitman contracted with a Detroit firm, Otto & Sheldon, to build a house for him on a lot on Ann st. , this city, the consideration being $2,800. Mr. Whitman was to pay for material and work as the work progressed and when there was any dispute about the value of the material furnished or work done, it was to be referred to the architect whose judgment was to be final. The house, according to testimony was to be completed and ready for occupancy by Oct. 1 , as it was to be used as a fraternity house Up to the time of beginning of the suit Nov. 15, 1898, Mr. Whitman had paid $3,544 on the contract price. It appears that the contractors purchased a furnace of one Hare, the defendant in the case. They expected to pay for it as they claim with money received from Whitman. Whitman claims that he had knowledge of certain bills of the contractors for material which had not been paid and 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 before possession the contractors had completed their work and turned the house over to Mr. Whitman. Finally as Whitman would not pay the contractors for the furnace they gave their consent for Hare the defendant to remove the furnace which he did although it was fully connected up and in use at the time. After the furnace was at the Central depot Whitman replevinced it and took it back to the house. He claims the fire pot was cracked, that he was obliged to put in another furnace temporarily at a considerable expense and finally to purchase a new furnace, hence 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. Jones, Wm. M. Dansingburg, George Mills.
J. W. Bennett is the attorney for plaintiff and M. J. Lehman and is Detroit attorney represent the defendant.