Fredericksburg District Court Records
District Court-Arbitrations, Document # 372-10
1793

Joshua Ingham & Thomas Callis vs William T. Alexander

Joshua Ingham and Thomas Callis complain of William Thornton
Alexander in Custody &c.  For that whereas on a certain
communication being had and moved by and between the said
Plaintiffs and the said Defendant.  To wit on the 25 day of
1790 at the Parish of      and County of Spotsylvania and within
the Jurisdiction of this Court.  It was agreed by and between the
said Plaintiffs and the said Defendant in manner and form
following - That is to say that the said Plantiffs on their parts
should provide all the framing plank and other wood materials
necefsary toward erecting & compleating in a workmanlike manner a
Dwelling House and out offices for the said Defendant and also
the Workmanship thereof as Carpenters and House Joiners in a
Style and fashion customary for such Buildings the same being to
be a large Dwelling House Sixty-three feet 9 inches long and
Thirty Six feet wide and two Stories high. also two offices
thereto belonging Forty-feet long and Twenty feet wide.  The
walls of the whole to be of Brick which a certain Edward Vofs had
then undertaken to erect for the said Defendant according to a
certain Plan then represented upon Paper.
        In consideration whereof the said Defendant then and
there on his part promised and agreed that he would from time to
time as customary pay them the said Plaintiffs so much for the
said Wood Materials and workmanship thereof as the said should be
reasonably worth & as they the said Plaintiffs should derive for
the Workmanship thereof-
And the said Plaintiffs in fact aver that trusting to the Promise
and Contract of the said Defendant made in form aforesaid they on
their parts on the 25 day of May 1791 at the Parish and County
aforesaid did provide 4052 feet of larger and smaller Timber and
1930 feet of plank towards fullfilling the Contract on their
parts all which scantling together with their labour cost owed in
halling to the spot were reasonably worth the sum of eighty nine
pounds  6/2« of which the said Defendant afterwards to wit on the
25 day of May in the year 1791 and at the Parish and County last
Mentioned had Notice.
        And the said Pltffs also aver that they on their part in
further compliance of their part of the said Contract to wit on
the day Year and Place last Mentioned did actually perform
various kinds of Workmanship in wood necefsary and procefs for
fitting and preparing all the said Wood Materials for the said
buildings in a Style fitted to such Buildings to the Amount of
œ70.16.2 as by an Account of Particulars hereto annexd will more
fully appear--and further they they in order to carry on the said
Work and to preserve and perfect the said Wood part thereof did
erect on the lands of the said Defendant contiguous to the spot
on which the said Building were to be erected at their own proper
Cost and Charge a certain Building which said certain Building
was absolutely necefsary for carrying on the Building first
mentioned - and the said certain Buildings they the said
Plaintiffs do aver was reasonably worth œ40.17.8 -of all which
the said Defendant had notice to wit on the sd 25th day of May
1791 and at the Parish and County aforesaid.
        Yet Notwithstanding the said Deft not regarding his
promises and engagement made entered into in Manner and Form
aforesaid but contriving and fraudulently intending craftily and
subtily to deceive and defraud the Pltiffs in the Premises not
only has neglected and refused to rear the Walls of the said
Dwelling house and Office whereby the said Plaintiffs have been
prevented from proceeding in the completion of their part of the
Contract to their great damage and difsappointment but he refused
and still doth refuse to pay & content them for their work &
labor absolutely bestowed & about the Premises to their Damage
œ2000 and therefore they bring suit.
Robert Mercer
Pour Le Plantffs

John Doe
Richard Roe - pledges