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r--?- 4 (3 ' No. 4; that a contract was entered into between the Board and this,Company calling for the expenditure of about 040,000.00, and that such sum was in fact paid pursuant to such contract; We have been told by the clerk that such contract was let without advertising for bids, So.far as we have been able. to ascertain the minutes of the board do not show what price was agreed to be paid for work under such contract, nor what the transactions between the Board and this Company were; So far as we have been able to determine the ;following constitute all the minutes of the Board touching the Board's relations with Florida Road Wiling -Company: On September 6 19269 as appears in Minute Book 11, page 88: "It was ordered that the county attoraW and the county engineer prepare With the -Florida Road Oiling Company to put the top coat on roads in Special Ro & B« District No. 4«" Again on October -69' 19269 Minute Book Is at page 9: "The Chairman and clerk of this board are authorized and empowered to executed contract on behalf of Indian River County with the Florida Road Oiling Company for oiling roads of Special Road & Bridge District No, 4." And on December 6 1927; Minute Book 1, -at page 139: Request was made by representatives of the Florida Road Oiling Co. , that the contract heretofore entered into by that company and the County be assigned to A. 0. Greynolds of Fest Palm Beach. It was ordered that the request be taken under eonsidera,- tion and action will be taken at the next meeting of the Board." e And on January 3f 1928; Minute Book -19 at page 144: "N. T. Gibson representing the Florida Road Oiling Company, * Inc., appeared bei► fdrre the Board and stated that his Company wished to assign the contract for road oiling I I heretofore entered into with the County to A, O.-Greynolds Co., Ino.; Thereupon Comler Hamilton moved that such assignment be approved and final settlement be made with said Florida Road Oiling Co., Inc.; upon the filing with the Board and the approval thereof 0 of a proper bond by the assignee for the completion of said contract; and upon the approval of the county attorney of all legal matters pertaining thereto; This motion was seconded by -Commissioner Braddock and unanimously adopted." We have been unable to find from the Minute Book at what price the County was to pay the Florida Road Oiling Company for the above mentioned contract, but we are in- formed that the price submitted to the Board by this Company was at the rate of 91k per sqo yd ot but that this Company has been paid at the rate of 12¢ per sq4 yd., and has been A paid on the above contract out of Road and Bridge District No. 4 about $409'000000 to date. However; payments of this amount were made to the Miller Construction Corporation, Florida Road failing Company and A. 0, Greynolds Co., Inc., Assignee. We herewith copy an affidavits made by F. G. Franks, in full in support of the above contention, the original of which we have in our possession: "STATE OF FLORIDA - ss IlUDIAN RIVER COi7NTY Personally appeared before me the undersigned authority authorized to administ oaths and take acknowledgments in the said State and County, T. G. Franks, who after having been duly sworn, states; That he is a resident of 'Pero Beach, indian River County, Florida; That during the year 1926 he was bookkeeper for the Miller Construction Corp - .oration and the Florida Road Oiling Company; that the alleged contract entered into by P 1 1 r_.