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excuse known to petitioner for breaching its said contract.

That petitioner has been reluctant to institute suit and it still reluc-
tant so to do,and is willing to waive the damages which have already ac-
crued to him because of the delay of the City,provided immediate action is
taken toward the erection of the said wall,and provided the same shall be
completed as rapidly as can now be reasonably done.

And petitioner asks that the said contract be now complied with and that
he be no subjected to additional damage by further unnecessary delay.

W.J.Bailey,by
William D. Williams,Attorney