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LITIGATION OVER C0NNAUGHT PARK ENDS. Montreal, ju... March 22.— Litigation arising from a charge- by the- contractor for extra work and damages in construe ting the Coanaught Park race- track, anil, on the- other hand, a claim against the contractor for penalties for etc lay in the weak. culminated in the Court of De-view here- w hen Acting Chief Justice Archibald and Justices Panne -ton and Merrier rendered Judgment which modified the decision of the- Judge of the Superior Court. who had thrown out both actions. In the result. Peter James Brcnnaa, who had sued tin- Ottawa Racing Association for 8,896.68, is awarded ,500, which, it was admitted, w is ow ii.g to him as balance of the original contract price-. Tin- rest of his claim, being fer extras, w is dismissed in accordance with the ruling • r the court of first Instance. Rejection of the claim of the- company for penalties for delayed work ■ n firmed likewise. Acting chief .lustie. Archibald, in rendering . i Igment, said tie record had been built up into the sine if a mountain, whereas it ought to have been ■ moderate-sised molehill. The action concerned a contract between plaintiff ami defendant leer grading a race- course on property belonging to defendant. Tin- amount claimed was said to be due in consequence of i itra work or damages which, it was alleged, resulted through defendant changing his plan-, thus delaying the Work. Put defendant pleaded that all the changes wen made before tin- signing of the contract, and therefore plaintiff contracted with full knowledge- of all tin-changes. Hence- the- delay which happened was ict due to defendant, who, by way of liquidating the- damages plaintiff Baked for. made an inci d. ntai demand for a sum of money bv wav of penalty for plaintiffs de-la;. . the court held tiiat plaintiff had done the work without making a complaint which could l»- made-available as a protest. Under the general law. therefore, he could not receiver the damages claimed. lie was. however, entitled to recover ,500, being tin- amount unpaid em the contract price, and tin- judgment of the court below was modified to that extent.
