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Hazard versus Thomas C. Durant depositons, numbers 1-15, 1859-1880

Page 16

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to testify concerning them? Ans No 96 Yes, sir. Int No 97 When the Oakes Ames contract was executed was there any contract in force? Ans No 97 I dont know that there was. Int No 98 There was not in fact any, was there? Objected to as leading and inadmissible Ans No 98 I dont know that there was Int No 99 Didn't you swear in an examination on the 15th day of December 1876 or thereabouts in the case of McComb against the Credit Mobilier that there was no contract in force when the Oakes Ames contract was executed? Objected to as leading and as an attempt to contradict the Complainants own witness. Ans No 99 I dont recollect Int No 100 I show you a copy of that affidavit, and ask you to refresh your recollection by looking at it? Ans No 100 This seems to say so, and yet when I think of the words "in force" there might be a legal definition given to these words which I did not then and do not now understand. The road was being built as if there was a contract when there might not have been any in force; the work was being done just the
 
Building the Transcontinental Railroad