xt70zp3vt865_310 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Thomas, M.W. (Ashland Lumber Company) v. Harkins, Walter S text Thomas, M.W. (Ashland Lumber Company) v. Harkins, Walter S 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_28/Folder_3/9112.pdf 1908 1908 1908 section false xt70zp3vt865_310 xt70zp3vt865 F L O Y‘D_ C I R C U I T C O U R T .
M. W. Thomas & c., Plaintiffs.
Against // Depositions for Defendant.
, walter S. Harkins, Defendant. fl
- The depositions of Walter S. Harkins, and others taken at i
‘
the law office of Welter S. Harkins in the City of Prestonsburg,
Floyd County, Kentucky, on the 15 day of June, 1908, to be read
as evidence on behalf of the defendant in an action pending in
the Floyd Circuit Court wherein M. W. Thomas & C. are plaintiffs
and Welter S. Harkins is defendant.

It is stipulated and agreed by and between the
parties herein that the depositions of the said wit-
nesses may be taken in shorthand in the presence of
the witness, and that the witnesses may sign the
Stanographic notes made by the Notary taking said
depositions; and the depositions afterwards extended
and written a; length by the Notary taking same, all
with the same effect as if written at length in the
presence of the witness, and read to and subscribed
by the said witnesses in the presence of the Notary
taking said deposition.

5 The witness, Welter S. Harkins, being by me first duly
sworn, testified as follows:-

E _ I am the defendant in this case and do not consider that
:7 I owe the plaintiffs in this case the amount claimed in their

.
1 petition, $ 1452.89, pr any part thereof, or other sum or amount.
f I entered into a contract with the Ashland Lumber Company to
La, furnish the outside lumber and finishing material for my dwelling

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in Prestonsburg, gentucky, at the agreed price of $ 780.00, and ;
thereafter purchased from them some framing material for the 2
building and material for the subfloors at an agreed price per ;
thousand feet, which was furnished, charged and paid for. After. '
this, the same concern was privileged to and submitted a bid to »
furnish the material for the interior finish, including doors, v
door and window casing and all the material for the woodwork V
for the inside finish and for the floors of the kind and quality V '
required, and which they represented to me they could and would _
furnish in first class condition, and ready to be nailed up and
‘put in place. Their offer was for $ 2250.00 and was accepted bya' 1
me; but was thereafter changed and modified by substituting oak %
finish on the second floor in the place of first class pine at i
the additional price of $ 425.00, making a sum total of $ 2675.00 *
for the interior fi.nish, doors, sash, etc. The proposition for ‘
the interior finish was in writing, which I file and make a part 9
of my deposition, together with their letter accompanying their %
proposition, bearing date september 16, 1905, which is also filed, 2
referred to and made part hereof. ;
In the matter of furnishing the door and window frames and ;
the outside finish the plaintiffs were reasonably diligent, ex- ;
cepting the door frame for the outside vestibule, which came very i
late and caused us considerable delay; but the lumber and material 1
for the casings, the doors, and caps and for the base of the Q
rooms and hardwood floors was nothing like what they promised. 7
When the first consignment came of the material for the floors ‘
and easing, my foreman, Mr. W} B. Pelphrey, a man employed by me fl 3
as Superintendent, and who was represented to be a builder and E
carpenter of high repute and entirely competent for the superin- ?
tendence and construction of that kind of work, called me into E

 O Q 5- Q /
the building and asked me what kind of material I wanted used in‘
the building. I informed him that I wanted used what the specifi-
cations called for and the class of material that I had contracted
for, to be in first class condition, properly dried and finished
to be put up. He then began to sort out the lumber, and from my
present recollection of the relative quantity, there was not
more than one half of it that would pass inspection. we notified
the plaintiffs about it and offerred to return it, made complaint
as to the material, and they promised to send other material in
’ lieu of it, and asked us not to send back the rejected material
as it would only involve them in the expense of transportation.
It was only the insufficiently seasoned lumber and that with
knots and bad places in it that was thrown out, together with
- ‘sOme of the flooring that would not match; and Mr. Pelphrey, the
foreman, informed me that even to use any of it we would have to .
have it dressed and sandpapered.
In conversation with me: about the candition in which the L
lumber was to come, it was stated by the plaintiffs‘ representa- E
tive that it would be thoroughly seasoned and dressed and pre- I
pared to be nailed in place, instead of which it all had to be
gone over with the planes, scraped and sandpapered before it could
be put up. They never sent at any one time enough material for }
window casings, caps, or for the bottoms of the windows; but the ;
same would come in detached shipments and my carpenters were pre-
vented from finishing more than two or three doors or windows at
a time. Some parts of the lumber seemed to be always lacking. ;
When we come to put down the floors there was a great quantity
of the oak flooring that was sent to us that would not match, 1
some was thick, some was thin, of uneven widths, roughly finished
and generally out of fix. I had had no experience in matters of

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this kind of building material, but Was informed by my foreman

r and other experienced carpenters working with him that it could

i not be worked. I stood by and saw them trying to match piece after
piece, so that in trying to select pieces for the floor that would
match it took them more time to make the selection than it did
to put it down after they were found to fit. From time to time

_ . we complained to the Ashland Lumber Company of the condition of
this lumber; and they would, after much delay, ship us other ma-
terial in its stead, no better than the first and oftentimes as ‘
much as a month later. ' ‘ :

1 ‘ I had in my employ at that time five or six other carpentea Q
ranging in price from $ 1.50 to 0 4.00 per day, making it eXCeedri é
ingly expensive. -

In order to facilitate and hurry up the work, when I or-
dered part of the lumber sent up and they delayed it, I was com- ‘
pelled to go to the expense of sending my foreman down to the I
shops to hurry things along. I did this two or three times and
the expense incident, including railroad fare and the time of the
foreman and other expenses incident thereto, amounted to at least
0 50.00. ‘ 0
I remember that after several weeks delay and after our

f0 request to send other material for the bottom pieces of the door é
casings they sent us a lot of it that was perfectly green that ‘
could not be used at all. Much of the lumber that they agreed
to furnish quarter-sawed was plain oak, both the floor and the '
finiSh, but their contract was for quarter sawed material. Fi-
nally, in my effort to try and advance the work I went down to
see the plaintiffs myself, went to their office and stayed there
most an hour before I could get an audience with the members of
the firm in the office, Who were engaged in the matter of select-

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ing shirt material for themselves. Finally, when I got a chance to
see them, they agreed to push the work and send out the material
- that was delayed at once by the end of the week, but instead we
didnt get it for two weeks, or perhaps longer. we were in this
p partially supplied condition in the use of the material that I
could not go outside and buy from other people the material to
finish my house; and had to go on for weeks and weeks in this way,
I under their promise to send up the necessary material, which ‘
promise they delayed indefinitely.
' There is now stored away in our basement several hundred
y” feet of refused flooring which could not be used in executing the 43‘
, contract, and the kind they requested me not to return to them
as it would involve them in expense. In the matter of shipping
in unnecessary material, which was not used, I have not the data
to say precisely, but am satisfied that it cost me in the matter
of freights, transportation, etc., more than $ 50.00 on material
that I could not use.
To put the lumber furnished by the plaintiffs into con-
dition so that it could be used, and in the condition in which
‘ they contracted it should be when furnished, cost me the sum of
a more than $ 1000.00, paid out to the carpenters who had to finish
:0 this material; and in this way I was damaged because of plain- .
tiffs"failure to furnish the material in the condition they
agreed to do so, in the sum of $ 1000.00. V
The delays caused by their failure to furnish it when or-
dered and required, and in the matter of prosecuting the work,
caused me to pay out to the carpenters $ 250.00 more than I would
; have had to pay had the same been furnished promptly, and at a
: time when needed; and in this way I was damaged in the sum of
s 250.00 additional .

 o 06 o

: Because of the continued delays in finishing the house
and in putting the lumber in the condition in which plaintiffs
contracted to put it, but failed to do so, and because of their
furniShing insufficient lumber unfit to be used, and because of
the manner in which the floor was worked and prepared, I was I
was prevented from finishing and occupying my house for the
period of six months; that is to say, had the interior for the

, interior finish been furnished at the time, of the quality, and
of the finish plaintiffs agreed to furnish it,,I could have moved
into my house six months earlier than I did, but was thus kept
out of the use and occupation of the house for six months, and
thereby damaged in the reasonable rental of said house in the
sum of $ 600.00; and I was damaged in the sum of this $ 600.00

5 because of thei‘ failure to supply the material of the quality

‘ an at the time in which they had contracted to furnish it.

7 Although I was not obliged under the contract to pay for
the material furnished until the contract was completed, I, at
the solicitation of the plaintiffs, paid them on said contract
the following amounts:-

actober 30, 1905, $ 500.00.
October 30, 1905, I000.00.
'_ May 1, 1906, 1000.00.
Qctober 1, 1906, 1000.00.

' making a sum total of $ 5500.00 paid to plaintiffs on account of

i said contracts and material furnished. These payments were made .5
by checks and notes, which are herewith filed, referred to and
made part hereof. In this way I have overpaid the plaintiffs

I in the sum of $ 757.50, which I believe I ought to recover
against them, with interest from the date of filing my Answer
and Counter-Claim herein.

The plaintiffs were reasonably diligent in performing
their first part of the contract; but from the time we began to

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need the interior finish it appeared to me that they were trying
to put off on me culls and inferior material.

There was a lot of work that they could not make but had
to buy from other mills. I refer particularly to the posts and
panel work for the beams in the hall and between the sitting room
and library. This material came to us in a condition in marked
contrast from the other inside material. All we had to do with
:that material was to rub it a little with some sandpaper and
nail it up, taking very little time to put it in condition; and
in this way I had opportunity to observe the marked contrast be-
tween the material promised by the plaintiffs in their letter J
and in conversation with me and the kind they supplied me with; J
and but for the diligence of my carepenters I would have had a
lot of inferior material worked into the building. -

At no time or place, nor under any circumstances, did I J
say to Mr. M. W. Thomas, or other member of the firm, that the
material in this house and supplied by them, was satisfactory. Wt
were constantly after them by correspondence and otherwise to get
the lumberand material such as could be worked and used in the
house.

The lumber referred to in the deposition of Mr. f‘feredith

. as being used in the tenement houses is a transaction entirely é

seperate and distinct from either of the contracts referred to J
in the building, or in my evidence in this case. These houses J
were built before I made the contract for the luMber for my res- .
idence. In making the change from pine to oak for the second
floor at the price of $ 425.00, the Ashland Lumber Company was
to take back the doors they had shipped, but I did not agree to
return them to Ashland, Kentucky. The doors have been subject to
their order at all times, and they could have moved them at any
times they wished.

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The times I mention about having to send MI. Pelphrey to
Ashland to see about delayed shipments were trips that he special-
, 1y went from Prestonsburg to Ashland to see about lumber which we
had previously ordered shipped up, which had been promised us and
delayed, on account of the delay of which our force was standing
idle. He madeam number oflike trips to see the plaintiffs when he
was going to visit his family, but for these neither he nor I made
any charge, and only for the three trips that he was compelled
to make specially to try and get lumber so that the work could be
prosecuted.
During the time of the construction of this house my son,
Mr. Joseph D. Harkins, worked in the office and did much of the
correspondence; and was authorized by me to and did write letters
' from time to time making orders for material in place of the insuf
ficient and poorly prepared material that had been sent and could
be used. He had full authority from me to make these demands
upon request of the foreman; that is to say, I oftentimes dictat-
ed the letters or told him what to write; and also told'htn to and
gave him authority to write letters for the Superintendent, Mr.
Pelphrey, making requests for shipments.
The matter referred to by Mr. Mbredith about going with
Mr. Pelphrey to make estimates of the value of cull lumber used
in the attic and basement refers to authority that I gave to MI.
Pclphrey to go with Mr. Meredith and to point out to him such of
the windows in which we had used this material in the attic-and
basement, as a part of it had been made from lumber that I had
on hands and cut from out from other sources; and it was for
the purpose of identification of such of their lumber as was
used.
. The material put in the house, after culling it out and

 9.
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. working it over, at an expense to me of more than $ 1000.00, as
hereinbefore stated, was then good matErial, but was not good
material for finishing material at the time it was delivered to us
daoard cars. '
I am.not sufficient judge of dried or green inabcrgin ad-
vance to tell from the appearance of lumber whether or not it is
kiln dried; but I do know that much of this lumber, after it was
put up and finished and varnished, has drawn in such a way that
many of the panels of the doors has drawn as much as one-eighth
to one quarter of an inch, has drawn until it shows nearly as
much indication of being insufficiently dried when built.
' Cross-Examination, by W. H. May.
Q. Mr. Harkins, please state what particular parts of the
inside finish lumber was not scraped and sandpapered, for which
you claim damages in your counter-claim?
A. Every piece of it, excepting the siarway and round posts
and the beams across in the hall, and the round posts, panels
and beams across between the library and sitting room. The bal-
lance of it was all scraped, most of it had to be planed with
planes, was scraped with scarpers and then sandpapered.
Q. Was that done after it was put in place? '
A. No, before it was put in place, after it came into the
house.
' ' Q. The floor was not sandpapered or dressed before it was
put down?
. A. Nb, the floor not until it was put down. '
Q. But you did dress the window casings and door casings be-
fore it was put down?
A. Yes, every piece of it.
Q. . How many feet, or about how many feet of lumber would you

 o oo»_ e
V say that there was undressed for which you compalin?
A. i I have not made any estimate as to the quantity in feet,
but can only estimate it as to the realtive quantity in the whole
house.
Q. Have you an itemized statement or any accurate statement,
showing the exact cost of the extra work you claim to have done _
in dressing and finishing this lumber? '
A. No sir, I have not any detailed statement of the amount,
but arrive at it by the time, from the amount of money I had to
pay to the mechanics to put it in condition as against the time
. in which they could have put it up had it been put in the condi-
tion it ought to have been in when it came here.
Q.v Did you make your contract of purchase for this lumber by
written estimate made by the Ashland Lumber Company and mailed
you? V
A. In part; but the inducements as to their ability and the
kind of material that they would furnish was part written and
part verbal.
‘ Q. With whom, that is with what representative of the plain-
_ tiff did you have any verbal contract? ' '
A. I had a talk about the contract and about their aidlity '
and the kind and character of lumber they could and would furnish
with Mr. J. A. meredith; and it was he, I suppose, who made up
the estimates, wrote the letters accompanying them that I re-
ceived.
Q. Where did that conversation occur?
A. It occurredhere and at Ashland, principally at Ashland.
Q. was that before you received his estimate of what they
would charge you for furnishing the lumber?
A. It was, because when I received the estimate I anSWered
\\‘ very promptly. I dont think there was but two or three days , if .

 o 31' § 0

that much, between the time of receiving and accepting their
offer. ’ Y
Q. There was no fixed time in the estimate for delivery, was
there?

A. Yes, it was to be furnished as they needed the lumber in
the prosecution of the work. Some of the first lumber they’eent
us was some of the last that was used. Qf course I didnt want

the lumber stringing along, covering a period of a year to finieh
the house. 7

Q. Did you have any conversation with.Mr. heredith, or any
one else representing the Company, at any time or place, in Which ;
they agreed that they would handsmooth and sandpaper this finish-
ing lumber in the mill or otherwise before it was delivered?

A. All of the conversations that I had with them, and repre-
sentations made by them to me, was as to their ability and will-
ingness and obligation to furnish the material for first class
material in first class condition and ready to nail up; and I had
no other impression at any time or place. I was not, of course,
familiar with the terms of art employed in the architect's plans
and specifications, but they assured me that they had plenty of’
clean dried oak lumber on hands and in their yards to execute
this contract, and would give me first class material.

Q. Did Mr. meredith at any time making any specific statement
to you in Which he agreed that the lumber would be furnished to
you ready to be nailed up?

A. I understood what he did say to mean that. I cannot quote
his exact words at the present. '

Q. were you aware of the fact at the time you had these sev-
eral conversations with hr. Mbredith and at the time you accepted
the estimate that it was not a custom of the mills to handdress

 ' 12.

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and sandpaper the material in the mill?
A. No, I was not aware of that; but on the contrary have been
informed by men who were working on the job that the custom was
to furnish it handdressed and ready to nail up; and in my subse—
.quent negotiations with reputable people, who are in the lumber
furnishing business, the lumber comes ready to be nailed up.
wherefore, if it is a custom I have not had any knowledge of it
before and have not now.
Q. What lumber Company is that that furnishes lumber dressed

' and dandpapered, ready to be put up?
A. The Carolina Pine Lumber Company, for The Bank Josephine;
and the Herdmann Sash, Door and Lumber Company, of Zanesville,

* Ohio, who made bids on the bank building which came under my A
observation. ,
Q. Did you entire carpenter force work on your finish work
of your inside finishing material until the stuff was finished,
until it was completed?
A. WEll, I dont know that I quite gather your question?
Q. I mean, did you have to stop all of your workmen and put
them at that work ?
A. No, when the lumber came in they all went to work on
that work and cleaned it up and put it in condition; that is,
when a shipment of lumber would come in ---they came in in little
detached shipments at different times and in different quanti-
tiee--—and when a shipment would come in Mr. pelphrey would go in
and cull it; and for such of it as he could work he would put
the men to work and put it in condition. When enough of it was
put in condition , part of the men then stopped cleaning it and_ '
went to nailing it up, and I would say they were working on it,
all of them some of the time and part of them all the time, but

 13.
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in cleaning and nailing it they were all employed until the
shipment would be worked up. i
Q. ‘With the exception of the finishing work, the lumber was
first class, was it not?

A. The framing work was first class lumber, but the finiShing
lumber and flooring, none of it was first class, but second grade.
Q. I believe you stated in your chief examination that after
you had gone to the extra expense of finishing the lumber, it was
satisfactory?

A. Such portions of it as was used was satisfactory after I

Had had it finished up by the carpenters. Since, however, it has

been put up and used I find the shrinkage that I have mentioned in
p the first part of my deposition.

Q. Then all the flooring and easing that you have used in
your house is allright since the finishing work has been done?

A. No, it is not all right. we had to put up what we could
get. Some of it was allright but a great deal of it was plain

' oak, that is, was just plain and not quarter sawed when my con~
tract called for quarter sawed material.

Q. You speak of the darolina Pine Lumber Company and the I
Hardmann sash, Door & Lumber Company proposing to:furnish the
finish work for The Bank Josephine, hand dressed and smoothed,
sandpapered and ready to be set up. Is that not specially provided
for in the proposition?

A. The proposition came in this way. They figured over the
plans and specifications and measurements and submitted their
bids; and in order to prevent any loophole of escape, they were
asked the question if that lumber came in condition ready to nail

' up, and they said their offer did include that.

 o 14'. o
The further taking of these depositions is continued until
Tuesday, June 16, 1908, at 9 o’clock A. M. '
§§g2;§?é225£§§éi44§2;&éaifi§§:¥§:"
otar Public, Floyd Co
Tuesday, June 16, 19 , met persuant to adjournment. Also\)
the deposition of W. B. felphrey, taken at the same place . The
witness being first duly sworn, testified as follows;—
Q. MI. Pelphrey, please state your age, your residence and
your business.
A. my age is 39; I am a resident of Ashland,'Kentucky, Boyd
County, and my occupation and business is carpenter work, con-
tractor and builder.
Q. .What experience have you had as a carpenter, joiner, and
builder?
A. well, I have had quite a lot of experience. I would say
. that I have had continual experience for the last eight years and
off and on for 20 years and probably 24 years. For the last eight
years it has been continuous, I have done nothing else but that
kind of business; and during the rest of the time I have been
employed at it, I guess, at least half the time.
Q. During that time, in addition to the practical observations
and knowledge that you posess and have obtained, state whether or
not you have applied yourself to the consideration of architect-
ural designs and the study of the construction of buildings?
A. Yes, I have studied quite a great deal; think I understand
architectural designs very well and the construction of buildings
very'well.
Q. From that knowledge and experience state whether you con-
sider yourself competent to judge and determine the fi.nish and
quality of material entering into the construction of buildings?
A. I think I am, especially in material that we ordinarily

 i O 55' to
use, that I have had occasion to use during my experience.
Q. Are you acquainted with the Ashland Lumber Company and
the individual members composing the firm, that is, Mr. M. W} I
Thomas, O. F. L. Beckette and J. A. Meredith?
A. Yes sir, I know all the gentlemen;very well acquainted
with them.
~ Q. How long have you known them?

a. I would say for the last seven or eight years.
Q. Are you also acquainted with the defendant, Welter S.
Harkins?
A. Yes sir.
Q. If you were ever engaged by the defendant in the prosecu-
tion of any work, or the superintendence of the construction of
any house or building for him, please state that fact.
A. Yes sir, i was employed by Mr. Harkins as foreman of the
woodwork on his residence, and in consultation with the foreman
of the brick work and stone work. Anyway, I took that liberty of
consulting with them; and I understood that I represented Mr.

- Harkins' interest in any part of the work. It is generally un- ‘
derstood that the carpenter fireman is the head man on the job, and
I considered that I was the head man on the job. All the work has ;
to be done according to the plans, and the carpenter foreman us-
ually lays off this work. '
Q. ‘Were you so employed from the time of the commencement of ‘
the building until its completition?
A. Yes sir. ‘
Q. State what ybu may know in a general way with respect to
the condition, kind and finish of the lumber and material provided ;
by the Ashland Lumber Company to the defendant Harkins for the V
finish in the building?

 16.
O O p O
A. Well, according to the way I understood-«~0f course I dont
know ahything about the contract between MI. Harkins and the
Ashland Lumber Company, but my understand was that the material
was to be strictly first class quarter sawed oak number one. I ‘
got that understand from Mr. Harkins. When the inside finish
came, part of it, I was stacking it away to have it around to
suit myself, and someway by chance a bunch got broken open-«v1
was not inspecting it at first-~~and I noticed a bunch that had :
broken open and went through it; and I think that I culled out, as
well as I remember, two thirds of that bunch, that I claimed was ;
not first class and up to what I considered it was to be. After E
that I took every bucnh of it and opened it up and inspected it
myself, and all that I had stored away before that. When I got
through sorting it--nall the lumber was not there at that time
by a great deal, to the best of my knowledge I had culled out at
least one-third of it that was on hands.
Q. What was the condition of the subsequent shipments that
came during the time?
A. Well, after I culled it, I went over the best I could and
made out a list of shortage and sent it in to mr. fieredith, of
the Ashland Lumber Company, and the stuff that arrived was about
the same way. I had to cull it all, just kept culling it. That
is, as each shipment came in I had to cull it because I did not
think it was up to what it ought to be, not up to number one.
Q. if you experienced any difficulties or delays between the
times of the respective shipments, please state that fact?
A. Yes sir, we were delayed quite a lot. we had-«'1 dont re-
member exactly--some four, six or seven men there, and the way
the material arrived, little bunches here and there, it kept us
dodging around all the time, from one job to another, from one

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part of the building to another, in order to keep the men doing
some, working to disadvantage quite a great deal of the time. I
remember on two occasions at least of going to Judge Harkins and _
wanting to lay myself and all the men off on that account, and
wait for material to get there, just simply because I could not
manage the men to any advantage and get What work done that ought

' - to be done, and what i could have done if I had got material.

I Q. Did the manner in which the shipments of lumber were sent
and the condition in Which it came, involve the defendant Harkins
in other and greater expense than it would have done if it had ‘
'been promptly shipped and on hands?

A. YES sir, it made your work cost you more than it would

have if/ you had got the lumber when it Should have been there
promptly. '

Q. Among the lumber was any of the shipments green or insuffi-
ciently cured? -

A. yes sir.There were in the firdt place the plinth blocks,
that is the blocks at the base of the doors. we had to have them
one-fourth to three-eighths thicker, on account of housing the
base. I ordered them thicker, and when they came they were green,
bad never seen a dry kiln. I refused to work them and notified
mr. fleredith; I believe I went down there, I believe that

Judge sent me down there to see them about it. That is my recol-
lection about it now. And they got them out again and sent than,
~they were dried and all right, thoroughly seasoned and I consid-
ered them allright.

Q. That was the third shipment we had to have to get them?

A. ch sir. -

Q. was all of the material furnished quarter sawed oak, or was
part of it plain oak?

 18. -
. . . A.
A. W611, the most of it was what they would call quarter sawed
oak. I think there was some that was plain oak, not very much, I
dont think. There was a Whole lot of it that was not full quarter
sawed.
Y Q. With respect to the material furnished for the oak flooring
2 state what experience you had with the material, whether it was —
. uniform guaged and material proper to be put in the floor, or

f did you have to cull it?

_ A. The quality of the ilooring, that is I am talking of the

Q lumber, was a very fair grade of lumber, but it was badly worked.

: we lost a great deal of time in matching it up, and hunting one

' beard that was the same width as another one.

Q. mare you put to the necessity of making different orders

, for the flooring material?

i A. $88, the way the flooring worked, and a lot of Short scraps
they sent; there was quite a great deal of it that was not over a ‘
fact at a foot and a halflong.

Q. How did it guage or match with the others? If there was
any variance, to what extent?

' A. It didnt match on top as smooth as it should have by quite
a great deal. There is supposed sometimes to be a little variance
but there was quite a great deal in this. I -
Q. About the widths, was some of it wider than others?

A. Yes, I think it was all intended for the same width as

. well as I remember; but one would get hold of a board ten feet
long and you would very often find it a full sixteenth narrower
at one place than another, probably narrower at the middle than
at the ends. ‘
QL. Then when you would try to get another piece to match
that one being put down you would have difficulty and delay of

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time in picking it out?
A. Yds, we had a great deal of difficulty and a great deal of
delay in picking it out to match in width, on account of these
variances. .
Q. When thedoots, baseboards, window casings and other finish
arrived, were they in condition to be put in place?
A. ‘ No sir.
Q. What shape were they in.
A. Wall, they were just simply mill worked, just had come from
the planer; they had to be handsmoothed and sandpapered.
Q. What was necessary to be done to them, what appliances did
they have to use on them?
A. W611, they had to use what we call a buffer and a hand-
scraper and sandpaper.
(Q. Did you have to use some planes?
A. YES, we had to use planes some in straightening the lumber
out on edge.
Q. How about the faces, in many instances?
A. wall, on the oak finish we didnt use planes ve