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Williams & Bailey. ATTORNEYS AT LAW. FORT WORTH, TEXAS.
July 28th,1902.
The Honorable, the Mayor, and the City Council, Fort Worth, Texas;
Gentlemen:-
The abstracts presented to me show the title to Lots 3 and 4,Block 3, Jenning's East or Avenue Addition, to the City of Fort Worth,in Tarrant County,Texas,to be vested in William J. Bailey,subject,however,to a lien,created by a deed of trust,dated May 5h,1902,of record in Book 50,on Page 164,of the deed of trust records of the said county,executed by the said Bailey to Ed Seibold,trustee for W.F.Seibold,to secure the payment of four notes,aggregating $8.160.00,and interest.
I find the following defects shown by the abstracts of title,to wit:-
(1) The vendor's lien,retained in favor of F.D.Thompson, on Page 2a, of the Supplement,has not been transferred of record to W.F.Seibold,who purports now to hold and own the same. Record transfer with papers.
(2) The vendor's lien, retained in favor of W.T.Wells,as shown by the original abstract, has been released by H.C.Edrington,but no transfer is shown from Wells to Edrington. Transfer is among papers and must be rendered.
)3) The taxes for 1902 have not been paid.
Respectfully submitted,
Wm. D. Williams City Attorney.
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William D. Williams. FORT WORTH. TEXAS
Aug. 15th,1902.
The Honorable,the Mayor, and the City Council, Fort Worth,Texas;
Gentlemen:-
Under your instructions,I have examined the viaduct contract with L. S. Leversedge,and find one of the provisions to be that the contractor shall not be entitled to receive payment for work done under said contract, unless he shall be free from default at the time of payment.
There seems little question that the contractor is in default, though I would not undertake to say how much,as the matter of time allowances is in the hands of the City Engineer, who has made no report thereon.
Assuming some default, the city ought not to pay additional estimates, except the sureties upon the bond given for the performance of the contract consent to such payments.
I notified Mr.Leversedge and his attorneys of the substances of my opinion,nd they have procured from the American Bonding and Trust Company,the surety on said bond,its consent to the payment of estimates now due,or hereafter accruing. I submit this herewith as a sufficient waiver by the surety of the said provision.
In my opinion,the council can pay estimates,if it wishes so to do, without thereby avoiding the said bond,and without impairing its rights under the contract.
Respectfully submitted, Wm. D. Williams City Attorney.
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JOHN W. WRAY FORT WORTH. TEXAS.
August 15, 1902.
To the Mayor and City Council, of the City of Fort Worth, Texas.
Gentlemen:-
For and on behalf of the American Bonding & Trust Co., the surety on the bond of L. S. Leversedge, approved by the Hon. T. J. Powell, Mayor, on the 24th day of August 1902, I hereby consent to the payment to Mr. leversedge of all estimates that are now due him for construction, material, etc. on his contract with the City, and also do hereby consent to the payment of all future estimates as per the term of the said contract; which is of date of the 21st day of August, 1901.
Very respectfully,
American Bonding & Trust Co. By R. L. Goodman General Agent.
