Jasper County Democrat, Volume 4, Number 41, Rensselaer, Jasper County, 18 January 1902 — JASPER COUNTY LOSES. [ARTICLE]

JASPER COUNTY LOSES.

Architect Weatherhogg Wins Out On New Court House Case. One of the old cases arising out of the building of Jasper county’s new court house was decided adverse to the county by the supreme court Wednesday. This particular case was that of the architect and was brought in December, 1898. The case was taken to White county on change of venue and Weatherhogg knocked out of court on demurer. The case is now sent back for trial, and, judging from the language of the court in reversing Judge Palmer, it can have but one ending and, that will be adverse to the county. It is not likely, however, that the bankrupt gentlemen who are now “looking after” the financial interests of the taxpayers will make any effort to effect a compromise. It’s too fat picking for the attorneys, and “Honest Abe,” you know, ig an attorney himself and of course ‘ knows’’ that the county can win. Weatherhogg sued for $1,300.51, and the costs in the case will undoubtedly run the amount that the county will have to pay, up to nearly $2,000. The court in reversing the decision of the lower court held:

1. Where an architect's contract provided that he should draw plans and specifications for a building to cost not more than a certain sum and should make hecessary changes therein without additional expense and superintend the letting of coiltracts and the erection pf the building and pay all losses and damages due to his own mistakes in preparing plans, specifications, or contracts, or in superintending construction, and also provided that for preparing and furnishing drawings, plans, specifications and contracts he should recover a certain percentage of the “actual cost of said completed building," and for superintending the erection thereof a further per cent, “of the cost of said completed buildir g," and his employers, after the original plans and specifications were drawn, directed such changes as to greatly increase the cost of the building and the architect superintended its erection at the increased cost, he was entitled to payment of a per cent. the entire cost of the building as finally completed and was not limited to a per cent, of the or ginal estimated cost. 2. A board of commissioners may make a valid contract with an architect to pay for his services on "a commission or percentage basis. Such a case is not within sec. 7.853. Burns. 1901, forbidding commission or percentage contracts with state or county officers. 3. Acts. 1885, page 80. amending the act of 1879, so as to give the party aggrieved by the rejection of his claim by a hoard of commissioners the option to appeal or to bring an action against the county in the circuit court is constitutional. It is sufficient if an amendatory act shall recite at length the law as it reads after being amended.

'iCßalph Streeter has sold the Monon News to a gentleman from Edon, Ohio, and will seek other fields.

week of delightful weather and the indications for today are, “fair, warmer in northern and central portions of state.”

Read the new ads of the Donnelly Lumber Co., the Racket Store, G. M. Wilcox & Son, and Donnelly Bros, in this issue of The Democrat.

Today’s Rensselaer markets (all top prices): Wheat 65; corn 56; oats 43; rye 45. One year ago today the prices were, wheat 65: corn 32; oats 21; rye 42.

An estray pig came to my place, 9i miles northwest of Rensselaer, lan. 1. Owner may have same by proving property and paying charges. John Lane.

John Casey, of Fair Oaks, returned yesterday from visiting with his sister, Airs. Mat. J. Dickinson, of Carpenter tp , and among friends, relatives and acquaintances in Fowler.