In a decision given to the press on Monday, Judge M, D. Purdy, sustained the decision of Mr. N. EL Lurton, then U. S. Commissioner, in the' action instituted by Jian Shanggh, building contractor, against the Commercial Lixpress & Storage for an unpaid contract, the same interning the construction of a wall on defendant's property on, Cadastral Lot 2741, on Baikal Toad.
Plaintiff alleged that he had constructed the wall, had had paid him Tls. 200 on recount, and that a balance of Tls. 560 was still due.
Defendant alleged that he had refused to pay the balance, because the wall would have to be torn down and rebuilt, inasmuch as. plaintiff had fulled to provide enough cement—with too much sand to insure Substantiability. Defendant further alleged that plaintiff had built the wall nearly one foot within the property line, instead of on the line.
At the hearing in the Commissioner's Court, Major C. P, Holcomb represented plaintiff, while Mr. J. Schuhl appeared for dete his decision, Judge sustained the judgment in the lower, Court, In the appeal, which was filed on December 23, 1927, Judge Purdy ruled og follows, in part:—"Tam asked to reverse the judg. ment upon four grounds as follows cryed in holding wall as wae ested that the Court erred min hoid-act Wetween the parties
ing that although the: wall wow ale of inches off the Wwundary Hine Court erred ut. il the test ekg, one oF
"will be alyerved thy fact wich were evidence which was produced before the Consular Court at the trial of this cause, and have reached the conclusion that there was evidence sufficient to support the findings the Consular Court upon the two questions of the fact presented, namely, that the boundary wall in.
Text read from the printed page and cleaned; old type leaves the occasional error.