Document OJ33XdXNYxgdgGZ8roLz4zBMM

E. I. d 'u Po n t d e Ne mo u r s & Co mp a n y INCORPORATED Ph il a d e l p h ia , p a . f & <r. EASTERN SALES OFF ,1616 WALNUT STREET P. O. BOX'2146 December 19, 1922* Harry Freer has done a masterful job in cultivating the acquaintance of the foreman and his assistant of the sub ject company and in arranging for a meeting between Arthur Brown, foreman for Tuller & Moosman and his assistant,Earry Levine with Mr, Herman of Herman & Ernst and, after a few days* time, succeeded in persuading Mr, Brown and Mr. Levine to af fix their signatures to an affidavit, which is attached hereto* The affidavit, according to Mr. Herman of Herman & Ernst places us in a position whereby the settlement of the law suit between Tuller & Moosman and ourselves should be closed out to our sat isfaction. The whole matter was explained to Mr. Zintl on Monday evening, December 18 and at his instructions 1 telephoned to Mr. Herman, authorizing him to pay to Messrs. Brown and Levine an amount of money based on the normal value of their working time to recompense them for the time given to us in preparing the attached affidavit. Mr. Herman, as well as ourselves, feels quite pleased at the status of the situation. I have not advised Mr. Spargo of this development primarily because of the fact that he is out of town and feeling further that same can be more properly and better done by your good self* Mr, Herman will, of course, look to the du Pont Co. for reimbursement for such charges as he will incur in making the payments outlined above. JOHHj^STUTT S:T sTf P.S. - Incidentally, Freer told me that his la^t week's work was most productive in that he was able to secure for 19^4 the maintenance business of the Dairymen*s League estimated at $20,000. and the International Paper Co. estimated at $25,000. J. H. S. DUP050061484 N41373.01 Qin, QOOTTY St STATS OF M'S YORK i 08: BARBI IiEVlJffi, Being duly sworn, deposes and says: l reside at 5lS linden Boulevard, Borough of Brooklyn, Oity of Sew York. I have read the affidavit this day made and executed by Arthur Bros, which I have witnessed with my signature. and state' that the facts therein contained are true. s^orn to before me this ; t DUP050061485 DUP050061486 N41373.02 f`$6>r'h'L CITY, COUHTY & STATE OP SEW YORK : SSI ARTHUR BROWS, being duly sworn, deposes and says that be resides at 541 Hot tlx First Street, Sew Hyde Park, long Island. ' % was employed as forman bp Toller & lioosman sinee they were in business Tor the last sir pears, and was tbs forman on the Queens General Hospital job from on or about tbs istb dap of September, 1932, until the job was completed! to wit, on or during the week of June 2nd, 1933* I had as my assistant Harry bovine, wbo was pitb me during tbe same period. Teller & Hoosoan bought paints from tbs DuPont Com pany as well as from Peerless Paint Company. Tbe oans from the Peerless Paint Company bad no stencilling of any kind except a stencilled number. All this Peerless material warn kept in a separate looker and moved from time to time. Tbs reason for this being, as I was told bp fuller & Hooeman, because theyididattaatftnt tbe DuPont man wbo took an inventors every month, to see that paint on the job. X was also told to mix tbs Peerless paint with the DuPont paint, which I did, This I did in a great many oases. From my observation, there must have been between sir and seven hundred gallons of that paint. This paint X used up . mostly in mixing. Some of the sellings and some of the walls were done exclusively with Peerless and exoluaivelj with DuPont paint, and soma of the ceilings and walls -were done with a mixture of both* \ I also received at the building four drums of ell paint. These four drums were kept separate, out in the yard, Tbe four drums bad the name of DuPont & Qompny stencilled, ai well as tbe number. These drums were nsedjup in painting of the dining rooms, hallways , and in snob rooms that bad to IN) glased, and part of the. outside. This material was also USif DUP050061487 DUP050061488 when the inspector iron me Qity cane around to test the paint* MaeElroy, the architect*e assistant, was on the job every day* He cane into the job every day and looked over the DuPont paints, and told m that if I had any other paint in there except DuPont there would he trouble* The paints of the Peerless company were not in the room, hut were in another room, hut MoSirey did not know of the other room, nor did he know of the Peerless Paints* One day Moosmaa oame to ce and asked me to mix four different tints of oil lead paint* foe four tints were greyj, buff, seafoam green, and another - perhaps light ivory* He said the inspector would call for it and to give him that* X turned to Mr* Devine, *o was standing near, and asked him to mix up the oolors, - the inspector would be around in a half hour to pick them up. I remember before the inspeotion that Z was passing when I saw Smyth and Mooeman talking and Z heard Moosaan say to Smyth, "If you were using a lead and oil, as X am, you would get the effect required*'" After Devine made the mixtures, X examined them and know that the mixtures were made in five gallon cans, and afterwards X poured them into a working pot and carried, the four pots into Building A and set them alongside of where tie men were working and instructed the men that in case the insjwtor came over they should give him the paint out of thdt bucket instead of out of the basket they were working out a^. this was done in accordance with Moosman`8 instruction, Moosman being there all day from morning till evening. When the inspector came around I went into the room ijrh< the men were working, Z took the bucket that they were sup* posed to be working from and poured this paint Into the bucket for the inspeotor to take away, and that was the le&4 and oil paint* X heard afterwards from the inspector that T DUP050061489 DUP050061490 this paint tnat X had given them, outweighed the paints of 8myth. When X started on the job X succeeded, another fOrman, named Oaxl 3uck. Buck had trade a sample for the inspection of the architect by painting a room la Building B and one in Building 0, which in Building 0 was on the seoond floor and in bullaing B on the first floor. t X was told to fix up tisse two rooms with an addition al ooat of stipple so as to satisfy the architect. Before X did anything X inspected the two rooms which were prepared by Buck and found, that they were full of flashes. This in dicated to ne that the stuff had been thinned or there versa'1 sufficient coats. X was satisfied from this inspection that both the troubles were there, - that there weren't enough coats on and that the paint had been thinned to excesej. X know that for the inside work we used, varnollne and benzine and kerosene for the purpose of thinning. Frequently either X or Levine or hooaman would run out and buy five gal lons of kerosene, we would store it in the shop maintained at the building under look and key and kept in other store rooms with the other thinnere. At least onoe a week Uoosmaa would bring thirty to forty gallons of five gallons oane of benzine from his shop at 234 Bloke Street to the building, and we would use that benzine and kerosene in mixing DuPont * s paints. Me told me and Mr. Levine to do that. Levine and X were the only onee who had the right to mix paints. X was also told that in oase anyone asked why benzine and kerosene were there, that they were used for the purpose of washing brushes. Xn doing over the two room that were prepared toy Buck, X took a tucket of five gallons of DuPont's et^ppling flat, prepared it by mixing It with tinting colors, a#d thinned. -2- DUP050061491 DUP050061492 !i It with either benzine or varaollne and then applied oantj to each of the rooms done by Buck and stippled by using a ! stippling brush. No turpentine was used on the job exoept for outside purposes, and whenever we used thinner it was either benzine, varnollne or turpentine, or a mixture of these three. In doing these two rooms over again, X bad Buck assist ing, who worked under my Instructions. Before X used any of the paints Kooaman said to ne as tollows: "Here are three five gallon oans. This one, (meaning one of the three). Is flowing flat, - put that asid4, and the other two you will mix up the oolors. 1*11 stay here with you and see that you don*t go off color, and then Ill go over and get Buck and let Buck go to 0 building and you do B building." I opened up both, took an empty five gallon bucket and poured some of the paints from eaob of the two five gal lon buckets Into the enqpty bucket, and carefully boxed It. By "boxed" 1 mean poured them baok and forth. Then X tinted the paint to lioosman's satisfaction and got Carl Buok and pu'i him to work in C Building. After Boxing it In the fashion just given, X gave Buok one of these buckets and kept one my+ self and he went to C Builuing and I to the B building. X applied the paint In my room and he applied it in hie room A day or so later, Klelss o&me around to inspect the two samples. There was also present Ur. Cynott, Ur. UaoElroir Jim Kennedy and Tommy Stevens. Ur. Klelss said it was a ver r good job and asked me if X would give him the same throughout, and I told him that X would try to see that be would get thajts kind of a job. A few days later, X think it was on a Saturday, and life was in the office of Uoosman, X told Moosman, in the pxeeeno b DUP050061493 jn^fe-Ts# t. *> DUP050061494 of Fauzer, hoir much material we would need immediately, ana X reraombered giving a largo ardor. Ho told Fauzer what paint to send and what oolare. Bdtween finishing of this sample and tho starting of the finishing ooat on the large number of rooms, wo were second coating in B and 0 Buildings, and working on A buildiajg when weather permitted* Around the firnt week of December I started putting in a large number of men to stipple. ?.'hen X was ready to start the stlpcling job there were between thirty and forty drums of stippling material in the pl&oe. My helpers and x prepared the paint for the men by straining the paint out in the morning, getting it ready in the buckets and thinning It when neoessary. Xt seemed to me to bo alright. X first did 0 building, whloh contained oovonty four rooms. X put a gang of approximately men on the job. These men were finished in about two days. They then went over to & building. we di u tho top floor, and third floor ro^ms ex>-- olusive of solariume. Xt took these men about a day and a half. After we got through with these two floors in the 8 building, Hsolroy complained about the appearanoe of the | rooms. Then we stopped work and got in touoh with DuPont, I! and then DuPont had their representatlve out there. !< that time Devine was already my assistant. At After an Inepeotlon was made and some more material was sent over from Dupont, we finished up the rest of the B building with this new material. X put four men in O building, named A. Horowits, X. Horowitz, Hike Tanshan and oarl Johnson. They worked on that building doing over the rooms that had been done before, one week. These names at this time X have in a separate DUP050061495 j*. . DUP050061496 ' book kept by me personally. These four men were engaged ;j fire days in doing over the rooms that dad been done before | in 0 building. In Building B I bad four men named Oar 1 Buck, :! LGvanson, Remex and Goldberg. It book them four days to do ! over the rooms in that building. After the rooms were done ! over UaoKlroy looked them over and pronounced them O.K. :| When iiaclSlroy made this inspection he o-Aeu my attention to the condition of the closets* ;ind told ne some would have ;| to be done over beoause they weren't p;ooci enough. They had i I suction spots and fire oxaoke. The reason for tnat is that I we put only two ooata, when Maoair oy made the inspection. I we should have put on, according to specification, four. || Before 1 put the finishing stippling ooat on the roomii >j :j in Building B and the two floors in Building o, whioh were later condemned, X had put on only two ooate, - the primer |l ij and a second ooat. The speolfioatlona called for a primer, a second and third ooat before the finishing ooat. As a primer I used DuPont*s regular primer sealer. For the seo| ond ooat I used a mixture of sealer and flat wall paint. In the B building on the two floors of the condemned work* ; I used only a primer and a second ooat, and then the final and the finishing ooat and used no shellac. After the doing over of the condemned work, we did j the walls on the white plaster - first primer sealer, then a mixture of primer sealer and flat* then e ooat of ehellae \ and then the ooat of stipple. X knew all along that the epeolfioatlone required the j use of load and oil. X road that in the epeolfioatlone. The solarium* also requlrod four ooate. Xn the solar luma, whioh are only in the A building* X finished the ! walls as follow** DUP050061497 Th first 00at of wall sealer; the second coat of sail sealer and flat mixed; third coat of shellac; fourth coat of stippled finish, fa the dadoes in the solarium, the? receive* l a first coat of blue size, and two coats of paint. The metal trim in the solarium* in the inside changed color. These metal trim on the outside we painted with prs*> pared lead and oil paint of DuPont, which comes already tinted to shade. The inside , however, we painted li th DuPont metal trim enamel tinted to special colors. On the outside we put only two coats. On the inside we painted as follows: Canary yellow Light blue Ivory Jade green Holland blue orchid 3 coats 3 coats 3 coats 1 coat 1 coat 1 coat and touched with a second coat where necessary. Tangerine Mandarin Red 1 coat 3 ooatf In the white rooms the metal was also to be painted white and that metal received three coats. I know these facts to be so because 1 supervised the work and Devins was my assistant. Sons of these metal trim was done over while X was there. Just before certain asteriel was shipped back to DuPont photographs were taken. The photographs were taken of the stippling paints that were sent back. They photographed the heads of the barrels only and the five gallon buckets* a chemist employed by fuller & Moosmaa came around ease day, by the name of Joaohalm. He is the one mho suggested putting shellao on. X said, "Isn't shellao a paint remover" and he said "no." He took samples of the plaster and of the paint. X gave him samples out of two gallon oans. Prior to the complaint I saw several drums marked on the bottom "lithofoasu" When I saw that I called il^ io -&* DUP050061498 DUP050061499 Heosman's attention and he said "fura them up quick," whioh X did. la addition to the hook la which I kept the separate time of the men la doing over the Building 0 and part of Building B, also kept two other bOo|s * one called the Time 'Book and the other a memorandum showing what % am e do from day to day* in this time hook 1 have noted all the men that worked on the job dally, - also the names of the men -and the hours they worked, fhe way 1 kept the time book is as follows; Each man dally signs his name in hit am handwriting on the dally report sheet, which la bsmg in the shop* at the end erf the day l put down alongside of the name the number of hours each nan worked* Each day Z tike this around three o'clock in the afternoon and X f go over this time sheet and put down the number of hour# that the man has worked during the day and X estimate hew long for the rest of the day he Is to continue to work. X then take this dally time sheet home with me and in the evening X put it in my time book. At the end of the week X figure up the time of each man and hand it in the offiee for payment, one of tha se daily reports I am leaving here. The daily reports X send in every night to tint job* but the time book, which la my own, 1 keep and new have In my possession* Sworn to before me `this t 15th day of Deoeniber,1933. * ........._..... . ..........firt,.~,n.... ...r DUP050061500 ; W DUP050061501