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Mark Bourgeois

In seeking information on Wendell Miller, who served as Mackenzie's construction head and built Augusta National and Bayside, and who died of a heart attack while constructing Southern Hills for Maxwell, I stumbled upon an unclear reference in a court record book involving a lawsuit.  The reference appears on pp 530-531 of the South Eastern Reporter, Second Series: Cases argued and determined in the Courts of Georgia...", volume 33. Published 1945 and apparently available via WestLaw.  I don't have any filing, court record, or other official numbers.

Google Books only allows snippets views; here are five snippets that may help anyone willing to do a search -- nb I don't even know if these appear in the correct order:

1. thereof: "Pay to the order of Barrett Supply Company without recourse.  Claussen-Lawrence Construction Company by J. C. H. Claussen, Secretary & Treasurer."  Also, the further endorsement: "Pay to the order of McWane Cast Iron Pipe Company -- p 530

2. ment is made and forward you our check to balance our account."
 [new paragraph] Before writing the above letter the following correspondence took place between the parties: Barrett Supply Company to plaintiff.  "May 26, 1932.  Attention Mr. -- p 531

3. with the $X,XXX YYYY [unclear but probably "$3,000 note"] and the balance in cash.  Mr. Wendell P. Miller asked me to instruct you to bring this matter to the attention of Mr. McWane for his consideration."
[new paragraph] Plaintiff to Barrett Supply Company. -- p 531

4. ment and will naturally be with recourse, meaning that should the Augusta National Golf Club fail to pay this note at its maturity, we will then be responsible for its payment and not Claussen-Lawrence Construction Company, as they are taking -- p 531

5. $150,000.  They hope to finish the project by the first of December, which is the beginning of our tourist season and pay off these three $3,000 notes with memberships pledged for the opening of the season.  This is one of the largest propositions in -- p 531

Sorry for the misleading subject line.  Any help very much appreciated!

Mark

Mark Bourgeois

I say living in Chicago you've got a shot.  Even better if you file in New Haven Federal District.  "The people of New Haven v. so-called 'pizza' parlours of the United States."

For New York City, I think there actually was a lawsuit a while back involving Ray's Famous Original, Ray's Original Famous, Famous Original Ray's, and Original Famous Ray's. Can't remember if Famous Ray's Original was involved.

Maybe our trial lawyer friend whoever he is can help you out with this one.

Jim_Kennedy

  • Karma: +0/-0
Mark,
I think a quick run-through of the photos posted on the "a**pics" thread might be where Shivas is headed w/his 'case'.   ;D

Some of those guys need wide-load permits and back-up beepers.  :o
"I never beat a well man in my life" - Harry Vardon

Chris Kane

  • Karma: +0/-0
The case appears to be McWane Cast Iron Pipe Co v Barrett (1945).
Mark, I have sent you the text of the case via PM.

Mark Bourgeois

Wow that was fast!  Thanks, Chris, I will look through it and post the relevant bits.  I will try to add what else I have found about Wendell Miller.

Lemme see...10:10 am in your neck of the woods?

Cheers
Mark

Mark Bourgeois

PS You could not possibly look any smarter if you tried. Well done.

Joe Bausch

  • Karma: +0/-0
Dear Mark,

I have plenty of expertise in these matters and I'm willing to help.  If you need a couple of references to testify to the quality of my work, please contact T. Paul at Gulph Mills or W. Morrison at Merion.

Sincerely,
David Moriarity
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@jwbausch (for new photo albums)
The site for the Cobb's Creek project:  https://cobbscreek.org/
Nearly all Delaware Valley golf courses in photo albums: Bausch Collection