upr000005 155

San Pedro, Los Angeles & Salt Lake Railroad Company Office of T. E. GIBBON, General Counsel. Los Angeles, Gal June 1, 1905 Mr. J. Ross cla*"k Second Vice-President* Dear Sir: Replying to yours of the 16th and 17th inst.’s, trans mitting letters from Attorneys Haven & Haven, and file in the matter of alleged contract for hay, entered into "by J. K. W. Bracken, as agent for the Empire Construction Company, with J. E. Green & Co., I have to say that I have examined the file in the matter, and from the facts shown and which I have obtained from other sources, I am of the opinion that the Empire Construction Company is not liable under the contract made by Mr. Bracken with Green & Co. Construction Co., had done no business at Las Vegas for more than a year after the contract was made, and that the Railroad Company really owned and operated the store at that place. It further appears, that Bracken was by no proper legal authorization constituted agent of the Empire Construction Company, and so far as I am able to ascer­tain, had no authority to make the contract in question* It appears from the facts, as I have them, that the Empire I would therefore advise that the Empire Construction Com­pany refuse to acknowledge any liability in the matter I herewith return file* Very sincerely yours Enc