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-ials returned in the sum of $355.61, and materials delivered
which were not used in said building but which were left upon
the property in and adjacent to said building, the sum of
$2,075.50, making a total credit of $2,431.11, and there is

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-ished to Palmer to be used in said building which were actually
used in said building by said Palmer and his employees the full
sum of $9.821.31, after deducting all just credits and offsets,
and there is due, owing and unpaid to this claimant for mater-
ials furnished to both Hurlbut and Palmer to be used in said
building, and which were actually used in said building, the to-
tal sum of $1,368.94, after deducting all just credits and off-
sets, that is to say, $1,547.63 balance for materials
furnished Palmer, all exclusive of materials furnished to Pal-
mer to be used, but which have not as yet been used, which were
at the time of delivery and now are of the reasonable and mar-
ket value of $2,075.50.

That subsequent to the delivery of the foregoing materials
the said Silas Palmer abandoned the said contract and the work
thereunder, and subsequent thereto and on the 18th day of Novem-
ber, 1901, Jane L. Stanford, as the owner of said land, filed
for record in the office of the County Recorder of the County
of Santa Clara, State of California, notice that the said con-
tract had been abandoned by said Palmer and said
Hurlbut.

-5-

HELLER & POWERS
ATTORNEYS AT LAW
SAN FRANCISCO, CAL.

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