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4 Gustavus Schmidt's Legal Briefs 1827-1904

handle is hein.beal/gvssts0004 and id is 1 raw text is: SUPREME COURT.
No. 3617.
HARRISON & BIETRY, APPELLANTS,
s.
ORLEANS RAILROAD COMPANY, APPELLEES.
Brief for Defendants and Appellees.
In their petition filed on the 12th Nov., 1869, the plaintiffs
allege that they undertook to construct the defendants' road
and the buildings necessary therefor, the depot, etc., in con-
formity with the contracts and specifications of record in the
office of Edward Ivy, N. P., during the year 1868; that they
completed the road according to contract, when the company
received it and made a rough approximative estimate of
the sum due petitioners; that when the road was so delivered,
it was well understood the company owed petitioners more than
the $5000 they were entitled to retain during the one year the
road was to be kept in running order by petitioners; that at
the end of said year the annexed account was presented, when
said company, violating the understanding had when the road
was delivered, refused to pay the same, and paid the $5000
which petitioners were entitled to receive in any event, but
exacted a receipt in full from petitioners, taking advantage of
their great distress for the money withheld for one year,
which receipt in full petitioners gave ider protest and simul-
taneously therewith notified the company they received the
money without prejudice to their right to appeal to the courts
for redress, and that they would not give the same unless the
company would at the same time receive their orotest. That
the account due them is made up of the following items, viz:

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