The Archive · 1924

Claim Dismissed

A, Lafuente, a Spanish subject, who brought an action against A. B, Rosenfeld to recover the balance: of fees for services as an architect in the construction of a residence for Mrs, Fanny Rosenfeld, was awarded Tls. 650 by Judge M, D. Purdy at the U. S. Court on Monday. Plaintiff sought to recover Tls. 1,250, Tis, 550 in fees due and Tls. 700 for moneys which he claimed he expended for the services of an overseer of building operations. Defendant alleged that Lafuente was employed to prepare plans and to supervise the construction of the residence, and that it was agreed to pay him 5 per cent. of the cost of construction. It was admitted that he paid plaintiff (is. 850 and that defendant had refused to pay. a further Tis, 650 demanded. There was a counter-claim that defendant had been damaged in a sum amount. ing to Tls. 10,000 by reason of the: fact that plaintiff had neglected to require that the work be done i accordance with the specifications.

The Judge, in his decision, said he was compelled to find from the: evidence that the total cost of cons struction, under plaintiffs contract, was somewhat in excess of Tls. 28,000 and that plaintiff's fees in eonsequenice thereof were slightly in excess of Tls. 1,400, but asmuch as Tls. 1,400' was the amount specified ax plaintiff's fees in the first cause of action, he could not reco of that] amount, that was to say the Tls. 1,400, less the Tls. 850, which had already been received on account—ito wit, the Tls. 650 demanded, He (the Judge) held that plai was not entitled [dant for the se from April 22, 1922, to December 1 following. The overseer had been.

plaintiff's employ at a salary of "Tls. 200 a month, both before a after the period covered by the cot tract. That the plaintiff never intended to charge defendant for these services appeared from plaintiffs evidence.

Dismissing the _counter-dai Judge Purdy said it did not oppe that defendant had made any objection to the progress and character of the work being performed lbctween April 1, 1922, Nor did it appear that defendant made any serious objection to the list of extras specified in plaintiff's letter to him fof November 14, 1922. I letter to plaintiff written 17 defendant shall have pleasure in handing you. the balance of your fees, and. thus spose of the transaction in satisfactory manner."

Judgment would be for plaintiff in the sum of Tls. 550, together with interest thereon at the rate of 6 per cent. from December 1, 1922, with costs, A proposal is to be brought before the Assembly of the League of Na-ions by the Cuban delegation that all women who have not -reached their majority and are travelling! Slone should be required to provide themselves with a certificate from the authorities at the port of embark ation containing assurances as to their previous conduct. It is not clear whether. the proposal is intended to apply to the subjects of all nations; but if 56, certain delegates fare credited with the intention of moving. that the measure be made Japplicable not: only to girls but also persons of all ages, including men,

Text read from the printed page and cleaned; old type leaves the occasional error.

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