Henry Billings Brown

“ Gowen was not there, but looked it over, and thought it was just and right. Mr. Cox was the supervising architect, appointed first by the manager, and continued by the receivers, and all the contracts for buildings and specifications for buildings before this had been drawn by him. This was in the ordinary line of his business and duty. 'I knew that Mr. Cooper was working upon this building in reliance on this contract, and in accordance with its terms. I supposed these specifications would govern the settlement of it. ”

“ But, however this may be, a contract was drawn up, bearing date July 7th, and signed by Cooper & Son, and by Cox as supervising architect, not at the foot of the contract itself, but at the end of the specifications, which followed the contract. Mr. Cox testified that Chadick ordered the work to go ahead, and, knowing the amount, he inserted it in the contract; that Mr. Chadick came to the building after this, told him what the court wanted and approved of, and ordered him to go ahead with it. In the same connection, Chadick testified that the contract was drawn up by Cox and submitted to him ”

“ Mr. Gowen knew of this contract at the time. He was present when it was given to me in the early part of July.' Mr. Cooper also testified that he made his bid in compliance with directions from Mr. Chadick; that he (Chadick) accepted it, and told him to go to work, which he did, and completed the work according to the contract, plans, and specifications furnished him by Mr. Cox. It further appears that, after the contract was completed, a bill was made out showing an amount due of $11,092.74, and that Mr. Cox certified to the correctness of the account. ”