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Austin Freeman takes over in clutch as Georgetown upends Villanova
PHILADELPHIA -- Austin Freeman took over the game. His teammates knew he was doing it and had no problem about it.
"We wanted to concentrate on getting the ball to Austin," Georgetown point guard Chris Wright said. "It's stupid not to give him the ball."
The Hoyas (No. 20 ESPN/USA Today, No. 21 AP) were smart enough to make sure Freeman had the ball in the final minutes and he responded by scoring 10 of their final 12 points -- he had an assist on the other two -- and finished with 30 in a 69-66 victory over Villanova (No. 7 ESPN/USA Today, No. 8 AP) on Saturday.
"Austin Freeman is unflappable in most situations," Georgetown coach John Thompson III said. "What he did in the last 4 minutes is indicative of what he's done for the last four years."
Jason Clark added 10 points for the Hoyas, who won their fourth straight after a three-game losing streak. Wright, who came in averaging 12.8 points, didn't score but had six assists and four rebounds.
Freeman said the winning streak "builds our confidence but we know we still have to get better. We'll learn from this game."
Antonio Pena had 10 points for the Wildcats, who have lost three of four overall and dropped to 0-4 this season when being held under 70 points.
"Georgetown just played better tonight," Villanova coach Jay Wright said. "We made a run at the end but they just played smarter and better early in the game.
"We are close to being the team we want to be but we definitely are not there yet."
Freeman, the Big East preseason player of the year, took over the offense by himself as the Hoyas (16-5, 5-4) lost most of a nine-point lead with 5 minutes to play.
Georgetown entered the game second in the nation in field goal percentage (50.8) and finished 24 of 46 (52.2 percent).
The Wildcats (17-4, 5-3) cut the lead to one point three times in the final 1:15 and each time Freeman found a way to get the lead back to three.
"Put the ball in his hands and good things happen even is he's double-teamed or triple-teamed," Thompson said.
Corey Fisher, who finished with 15 points, got Villanova within 63-62 with two free throws with 1:15 to go. Freeman hit a side jumper -- the officials reviewed it because he was close to the 3-point line -- with 5 seconds left on the shot clock.
"I looked at the shot clock and I knew there was around 4 seconds left," he said in his usual stoic manner.
Maalik Wayns, who also had 15 points, made two free throws with 33 seconds left to get Villanova within 65-64. This time Freeman didn't score, but his hard pass from just inside halfcourt found Nate Lubick alone under the basket for a dunk with 24 seconds to go.
"If I have the opportunity to shoot I'm going to take it," Freeman said. "Otherwise, I'll look for a teammate. I have confidence in myself and I have confidence in my teammates."
Jay Wright joined the Freeman fan club.
"He made every play down the stretch. He made shots. He made free throws. And he made that pass," Wright said. "We had him trapped. He was strong enough to get it to Lubick who made a good catch. He's great. I love that kid."
Wayns brought the Wildcats within one for what would be the last time at 67-66 on a drive with 16 seconds to go.
Villanova fouled Freeman with 14 seconds left and he completed an 8-for-8 effort from the line with two more free throws.
Pena got off a 3-point attempt that Villanova was able to rebound, but Dominic Cheek couldn't get a second attempt to tie before the buzzer sounded.
It was the third time this season Freeman has scored at least 30 points, and he finished with six assists and four rebounds. He also did an outstanding job defending Villanova's Corey Stokes, who finished 4 of 10 from the field and had 13 points.
"We wanted to focus on Fisher, Wayns and Stokes," Thompson said. "Stokes is a big-time shooter and we wanted to limit his shots."
Jay Wright said Stokes injured a toe in the first half and was limited, but he still wanted in the game for his shooting and he finished 3 of 6 from 3-point range.
"He played hurt," Jay Wright said. "We wanted him playing, even at 70 percent."
Game Information
- Referees:
- Pat Driscoll
- Tim Clougherty
- Gene Steratore
2023-24 Big East Conference Standings
Team | CONF | GB | OVR |
UConn | 15-2 | - | 25-3 |
Marquette | 13-4 | 2 | 22-6 |
Creighton | 12-6 | 3.5 | 21-8 |
Seton Hall | 11-6 | 4 | 18-10 |
Providence | 9-8 | 6 | 18-10 |
Villanova | 9-8 | 6 | 16-12 |
St. John's | 9-9 | 6.5 | 17-12 |
Xavier | 8-9 | 7 | 14-14 |
Butler | 7-11 | 8.5 | 16-13 |
Georgetown | 2-15 | 13 | 9-19 |
DePaul | 0-17 | 15 | 3-25 |


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Klosterman, Steven | |
Anchieta, Amy | |
GARCIA-PEDRAJAS, MARIA - University Of Malaga | |
MARUTHACHALAM, KARUNAKARAN - University Of California | |
Hayes, Ryan | |
SUBBARAO, KRISHNA - University Of California |
Submitted to: Physiological and Molecular Plant Pathology
Publication Type: Peer Reviewed Journal Publication Acceptance Date: 5/16/2011 Publication Date: 6/23/2011 Citation: Klosterman, S.J., Anchieta, A.G., Garcia-Pedrajas, M.D., Maruthachalam, K., Hayes, R.J., Subbarao, K.V. 2011. SSH reveals a linkage between a senescence-associated protease and Verticillium wilt symptom development in lettuce (Lactuca sativa). Physiological and Molecular Plant Pathology. 76:48-58. Interpretive Summary: The soilborne fungus Verticilllium dahliae causes the disease Verticillium wilt on lettuce and other crops. The development of sources of lettuce with resistance to Verticillium wilt offers the best long term alternative for pathogen control. The identification of molecular markers for resistance or susceptibility by the analyses of gene expression in response to the fungus may be useful to speed the development of resistance in lettuce. In this study, we have identified and examined genes that are differentially expressed in diseased lettuce leaves in response to the fungus and in healthy leaves from plants that were not inoculated with the fungus. Most prominently, genes displaying similarity with other plant defense genes were identified in the diseased plant tissue but not in healthy tissue. Interestingly, one of these genes expressed in diseased leaves but not healthy green leaves may be linked with initiating leaf symptoms that are observed in the susceptible plants infected with the fungus. This gene encodes a protein that shares high similarity with plant proteins that are involved in protein degradation and that are only expressed in senescent plant leaves. As in other plants, the leaf symptoms associated with Verticillium wilt sometimes can resemble senescence. Thus, we speculate that further analyses of this gene may provide insight into the genetic basis of symptom development in lettuce. Technical Abstract: Suppression subtractive hybridization (SSH) was employed to identify lettuce (Lactuca sativa) genes that are differentially expressed in symptomatic leaves infected with Verticillium dahliae. Genes expressed only in symptomatic leaves included those with homology to pathogenesis-related (PR) protein genes PR-3, PR-5, and a putative cysteine protease (LsCP2). Quantitative real-time reverse transcription PCR (RT-qPCR) revealed that LsCP2 was expressed in senescent leaves, but at significantly higher levels in symptomatic leaves. LsCP2 shares homology with plant cysteine proteases that are expressed in senescing leaves and may therefore accelerate or contribute to the leaf symptoms observed in a lettuce-V. dahliae interaction. |

subset: commoncrawl


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Gaston County is currently on a four-year cycle; however, this could change. North Carolina Statute requires counties to be reappraised at least once every 8 years.
Show All Answers
Using the property key, address, or owner's name, visit Gaston County Property Tax Inquiry to find the assessed value.
North Carolina statute requires real property to be valued or appraised at its current market value at least once every eight years. The assessed value can be different than market value, due to when the last reappraisal occurred.
Property values can be appealed each year beginning in January and ending when the Board of Equalization and Review (BER) adjourns which usually occurs in April. You will find the appeal form on this website under the Real Estate Appraisal Department section.
Using the property key, address, or owner's name, visit Gaston County Property Tax Inquiry to find the Tax Due Amounts and Payment History.
You need to fill out a Real Property Change of Address Authorization form.
This is a sales questionnaire used to verify data. Completing and returning the form is greatly appreciated.
Property is assessed for the entire year based on what improvements are on the property as of January 1.
This is called the Homestead Exclusion.
A continued use application would have to be completed if the new owner wants the property to remain in the program – if the application is not submitted within 60 days, the rollback is sent to the last person to sign liability.
This application can be found online or the new owner can contact the tax department and the application can be mailed or picked up.
Each year a percentage of the properties that are currently enrolled in the Present Use Value program are audited to ensure they are compliant with the North Carolina Qualifications that are required to remain in the program.
No, a sale does not trigger a reappraisal. Properties are reappraised every four years.


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April 26, 2012
K-State CrossFit offering new Functional Fitness and Mobility class
Come try out the new Functional Fitness and Mobility class for free at noon Monday, April 30, and Wednesday, May 2. This low-intensity training class will focus on strength training, mobility and skill building, and will include a full-body workout.
What is it?
Functional Fitness and Mobility is a low-intensity training class where learning and mastering technique and form is the emphasis rather than trying to achieve the fastest time or heaviest lift. This class is designed to focus on personal achievements in a noncompetitive environment.
Each session will include a strength or fitness skill component, as well as a mobility workout of the day, emphasizing the importance of stretching and recovery. Each class will also include a full-body workout. Classes are small with more personal attention, limited to eight people.
Is Functional Fitness and Mobility for me?
Yes! Functional Fitness and Mobility is open to anyone of ability who is at least 18 years of age. This class is perfect for the beginner who may feel intimidated to join a larger group class; students, faculty, or staff members who want to learn new exercise skills; someone with a minor or chronic injury who could use some mobility work; or for a competitive athlete who wants to improve their skills and mobility.
Functional Fitness and Mobility will be offered from 12-1 p.m. Mondays and Wednesdays in Natatorium 4. The cost is $50 per month with the first two sessions, April 30 and May 2, being free. The program's coaches are: Shely Weinrich, Bryan Heinrich and Katie Heinrich.
For more information please visit the K-State CrossFit website, call 785-532-0704 or contact CrossFit via email.


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How to save the output of your telnet session
Sponsored Link
There's a topic always asked about on forums and the answers are typically wrong, unuseful, doesnt work, etc.. I had the same problem, I figured it out so I thought about posting it here. How to save the infamous telnet output automatically to a file on your pc.
In terminal:
Install expect by doing:
sudo apt-get install expect
then, do an expect script of your telnet session, the way you want it. (internet is full of articles about expect scripting, and believe me it's real easy!)
then in terminal launch the script using expect and use the program "tee" to redirect the output to a file on ur pc.
we have an expect script called fetch.
in terminal we do:
expect fetch | tee example.txt
this command will launch connect to telnet, automatically do the commands u put in the fetch script, and send all the output till the end to a file in ur current directory named example.txt
if the operation is a routine (fetching data for example regularly) u can add the command to cron to schedule it to run anytime u want automatically and save u the output data.
to do that enter crontab -e in terminal and add the job there, or alternatively do:
sudo apt-get install gnome-schedule
and edit cron graphically, but needless to say, the terminal gives u a wider set of control and options on cron.


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Sitting around eating, watching tv, playing video games, messing around on the computer, and/or listening to music (if you aren't going to dance or move much).
"What'd you do all day?" "Oh I was just being fat."
"Did you start your essay yet?" "No, I'm being fat."
"Did you start your essay yet?" "No, I'm being fat."
by Fagitized March 20, 2006
being as a fat person would be, and sometimes being an all around loser. other times it can be used as a reason on why something is wrong.
eating like you have never ate before, doing things that are stupid that nobody think is funny or can be used like this: "well the car doesnt work because its being fat" or "no you cant do (insert something here) because you are being fat"
by james18927349182734901872349812734 October 24, 2006


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This article is more than 1 year old
VMware crushes Q2 despite looming vSphere 5.0
Sitting pretty on a big pile of cash
Server virtualization juggernaut VMware smashed through the upper range of its guidance in its second quarter and just kept on going, with sales of $921.2m, which were up 36.7 per cent.
That was considerably more impressive than the $860m to $880m that VMware had been expecting. But even more impressive was net income growth, which nearly tripled to $220.2m.
Speaking on a call with Wall Street analysts after the market closed on Tuesday, VMware CFO Mark Peek said that enterprise license agreement (ELA) bookings exceeded 25 per cent of all total bookings in the quarter, helping to drive up both sales and profits. Peek warned that this won't happen again in the third quarter, for which VMware is giving guidance for sales to hit between $915m and $940m.
You might think, however, that with the vSphere 5.0 stack – which was announced last week – being just around the corner, and with a new pricing model that charges customers extra for fat virtual memory configurations on their virtual servers, maybe some people caught wind of the price increase and started buying vSphere 4.1 licenses early to avoid it.
This is certainly a reasonable assumption, given that customers with current maintenance contracts on the vSphere 4.0 and 4.1 releases can get the code for same edition in the vSphere 5.0 stack at no cost.
But both Peek and VMware president and CEO Paul Maritz said that what drove the early ELA bookings in Q2 was a bunch of deals that were expected to hit in July and August that instead came down in June because customers were adding extra capacity beyond what they had in their current ELAs and decided to renew early – something you rarely see in the software business.
No ELA transaction exceeded $10m, by the way, and ELA deals were distributed proportionally across different customer types and geographies, according to Peek.
VMware still does about 75 per cent of its sales through partner channels indirectly, Peek said, and they helped push software license sales up 43.6 per cent to $464.8m. VMware's overall services revenues came to $456.4m in the quarter, up 30.3 per cent.
Peek said that sales in the United States rose by 35 per cent to $450m, while sales outside of the country rose by 38 per cent, to $471m. VMware doesn't give out specifics by region beyond this, but Peek said that the Asia/Pacific region did well, especially in Australia, China, and Japan. As for EMEA, he said that the quarter was a smidgen better than expected thanks to the ELA renewal boost, but that the company continues to be concerned about the macroeconomic climate in Europe.
Despite that, and thanks to booming adoption of its virtualization wares, Peek said that Wall Street should expect for VMware to continue to do acquisitions and add employees at the same pace it has thus far in 2011. VMware now has 10,400 employees, up 1,400 from the beginning of the year, with 1,000 coming into the company in the second quarter, about half from acquisitions and half from direct hires.
Because it is growing so fast, VMware is shelling out $225m to Stanford University to get its hands on 70 acres of land adjacent to the 30 acres it already owns in Palo Alto to expand its office campus. VMware will spend another $50m in the second half of this year to begin construction of new office space.
With $3.7bn in cash and equivalents and $2.1bn in unrecognized revenues booked, VMware can indulge in expensive California real estate near its Cardinal stomping grounds.
Looking ahead, VMware has raised its guidance for all of 2011 by $100m, and now expects for revenues to fall between $3.65bn and $3.75bn. That would represent growth of 28 to 32 per cent over 2010. ®


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After one weekend, the Big 12 was turned on its head. Big 12 favorite Oklahoma went down. The Sooners' biggest preseason threat, TCU, surrendered 41 points to South Dakota State. And Texas, well, landed the Big 12's biggest nonconference win in years.
It's looking like it will be another thrilling Big 12 season, with several teams looking capable of challenging for the conference crown. We know this bowl projection will change a bunch over the course of the year. But after a week, here's how we see it:
College Football Playoff semifinal: None
Allstate Sugar Bowl (New Year's Six): Texas
Valero Alamo Bowl: Okahoma
Russell Athletic Bowl: Oklahoma State
AdvoCare V100 Texas Bowl: TCU
AutoZone Liberty Bowl: Baylor
Cactus Bowl: West Virginia
Lockheed Martin Armed Forces Bowl: Texas Tech


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Americans often complain about their cable bills which always seem to be going up. Part of that money, however, goes not for entertainment but to curry favor with Congress and other officials who will judge the Comcast-Time Warner merger, as Michael Winship notes.
By Michael Winship
As the U.S. Senate holds its first hearing on the proposed Comcast-Time Warner deal, a $45 billion transaction that will affect millions of consumers and further pad some already well-lined pockets, it's useful to get a look at how our elected officials have benefitted from the largesse of the two companies with an urge to merge.
Although the ultimate decision will be made by the Federal Communications Commission and the Justice Department, according to the Sunlight Foundation, a reliable, nonpartisan watchdog, "The number one and number two cable providers in the country are also big-time on the influence circuit, giving upwards of a combined $42.4 million to various politicians and groups since 1989.
The Sunlight Foundation's Influence Explorer tool also shows that the two companies have spent a combined $143.5 million lobbying Congress since 1989 on issues including telecommunications, technology, taxes and copyright.
President Barack Obama benefitted the most, by far, from Comcast, whose employees and their family members contributed more than $537,800. Two Texans, Gov. Rick Perry and Lt. Gov. David Dewhurst, are the top recipients of contributions from Time Warner Cable, receiving $185,000 and $170,000, respectively.
Three Democratic and three Republican members of the Judiciary Committee are up for reelection this year and almost all have profited at least a bit from Comcast and/or Time Warner contributions, but the Democrats have come out ahead, the Sunlight Foundation reports.
Minnesota Democrat Al Franken, an outspoken critic of the merger described as "a fundraising powerhouse" by Sunlight, has received $15,050 from Comcast and $13,350 from Time Warner, as per the Center for Responsive Politics' OpenSecrets.org, and has pulled in $54,500 from individuals who have worked for Comcast-owned NBC Universal, including "Saturday Night Live" executive producer Lorne Michaels.
As for the other two Democrats, Delaware's Chris Coons and Senate majority whip Dick Durbin of Illinois, Comcast has been Coons' third-highest overall contributor ($53,300) and the senator has gotten $3,000 from Time Warner Cable employees. Durbin has received $51,700 from Comcast-affiliated employees and $3,500 from Time Warner employees.
Of the three up for reelection on the Republican side, Alabama's Jeff Sessions, John Cornyn of Texas and South Carolina's Lindsey Graham, the Sunlight Foundation notes that none have been "significant Comcast beneficiaries," saying:
"Overall, the three Southern state senators have received a total of $31,500 from Comcast and Comcast-affiliated employees, a sliver of the almost $70 million the three have raised in total during their respective runs for federal office. Time Warner employees have given $30,700 to Graham and $10,500 to Cornyn. Sessions has not received any money from Time Warner.
"It should be noted, however, that since 1989, Comcast has given at least $470,170 to the National Republican Senatorial Committee, and $640,625 to its Democratic counterpart."
Yes, you might not be able to get decent cable service or a good Wi-Fi signal but when it comes to Congress, Comcast is quite the attentive suitor.
As Politico reported last month, including those up for reelection this year, "money from Comcast's political action committee has flowed to all but three members of the Senate Judiciary Committee. Checks have landed in the campaign coffers of Sens. Amy Klobuchar (D-MN) and Mike Lee (R-UT), who oversee the chamber's antitrust panel.
"Meanwhile, the cable giant has donated in some way to 32 of the 39 members of the House Judiciary Committee, which is planning a hearing of its own. And Comcast has canvassed the two congressional panels that chiefly regulate cable, broadband and other telecom issues, donating to practically every lawmaker there, including Rep. Greg Walden (R-OR) and Sen. Jay Rockefeller (D-WV).
"Comcast stresses its donations are a function of its business. 'Comcast NBCUniversal operates in 39 states and has 130,000 employees across the country,' said spokeswoman Sena Fitzmaurice. 'It is important for our customers, our employees and our shareholders that we participate in the political process. The majority of our PAC contributions are to the senators and members who represent our employees and customers.'"
Clearly, Comcast is paying for the premium package. Its money was donated before the proposed big deal with Time Warner, but its "proactive giving," as Sunlight's executive director Ellen Miller calls it, "so that when a corporation needs access in a time of trouble, investigation or oversight, they have already built the quote-unquote relationships they need to soften or make their arguments to a sympathetic audience. It's a long-term investment they make."
Remember that the next time you get your ever-spiraling cable bill. Just think of it as a long-term investment.
Michael Winship, senior writing fellow at the public policy and advocacy group Demos, is senior writer of Moyers & Company, the weekly series on public television. To comment and for more information, go to www.BillMoyers.com and at Twitter, follow @MichaelWinship.


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Scythe, a PC enthusiast hardware company popular for its line of fans and processor heatsinks will soon be launching a new open air case. The ACB-TYPE3 is a clear acrylic case that forgoes side panels for an open bench design.
The case weighs in at under 6 pounds, the case is constructed of 5mm acrylic and can accommodate ATX, Micro-ATX, and Mini-ITX motherboards. Additionally, it features three 5.25" drive bays, three 3.5" hard drive bays, and two 2.5" drive bays suitable for storing SSDs (solid state drives).
Another cool feature is that the open air case can hold tower coolers up to 190mm, which is not quite big enough for the 100W passive TwinBlock cooler but will be good enough for most any other high-end air cooler.
According to FanlessTech, the Scythe acrylic case will be available for purchase soon, and will cost around $85. It certainly seems like a neat option for benchmarking test beds and enthusiast's that like to show off their computer hardware (nothing wrong with that!). You can find more photos over at the Fanless Tech website.


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via www.youtube.com
This was awesome. So much better than the commencement address my class got!
After a wild year that saw the emergence of so-called super angels and a surge in valuations for seed-stage start-ups, we caught up with Michael Kim, who invests in seed-stage funds, to talk about what to expect in 2011.
Kim is a former venture capitalist with Rustic Canyon Partners and a former member of the board of trustees for the San Francisco Employees' Retirement System. He left Rustic Canyon in 2009 to start up Cendana Capital, a fund of funds that invests exclusively in seed-stage or "micro-cap VC" funds. He hasn't disclosed details of his investing or funding, but Roger Ehrenberg's IA Ventures recently raised a $50 million fund and disclosed Cendana was an investor in the fund.
Here's an edited excerpt of our interview:
What do institutional limited partners (LPs) think of seed-stage funds? Are they interested in this asset class
There's a growing interest by institutional LPs in the micro-cap VC space, which I define as under $100 million in size with a focus on being in the first-round seed investment of a start-up. Most advanced institutional LPs are beginning to recognize that micro-cap VCs firms are carving a permanent position in venture financing. They're starting to see an ecosystem where micro-cap firms lead first initial financing which gives 12 to 18 months of runway to hit operational and financial milestones, then you have traditional Series A investors becoming the new Series B. An important element is capital efficiency. In the last 10 years it's becoming cheaper to start a company.
via blogs.wsj.com
Great WSJ interview with Michael Kim of Cendana Capital -- he knows the micro-VC space as well as anyone and is one of the smarter people out there.


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Options for dealing with your debts
Debt Management Plans
A Debt Management Plan is an agreement between you and your creditors to pay all of your debts.
Debt management plans are usually used when either:
- you can only afford to pay creditors a small amount each month
- you have debt problems but will be able to make repayments in a few months
You can arrange a plan with your creditors yourself or through a licensed debt management company for a fee. If you arrange this with a company:
- you make regular payments to the company
- the company shares the money out between your creditors
MoneyHelper has information on organisations that can give you free advice about whether a Debt Management Plan is right for you.
Get a Debt Management Plan
Set up a plan with a debt management company authorised by the Financial Conduct Authority (FCA). Search the Financial Services Register for an authorised company.
The company works out your monthly payments. You'll have to give details about your financial situation, for example your assets, debts, income and creditors.
The company contacts your creditors and asks them to agree to the plan (they do not have to).
Unless stated in the agreement, your creditors can still:
- ask you to pay your full debt at a later date
- take action to recover their money even if you keep up your payments
Some companies will charge:
- a set up fee
- a handling fee each time you make a payment
Make sure you understand the costs of your plan and how you pay for it.
Debt Management Plans can only be used to pay 'unsecured' debts, for example debts that have not been guaranteed against your property.
Your responsibilities
Your plan can be cancelled if you do not keep up your repayments.


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From the BLURB:
Teenager Nick Gautier thinks he knows everything. Streetwise, tough and savvy, his quick sarcasm is renowned. But his whole world is suddenly turned upside down on the night his best friends try to kill him.
Saved by a mysterious warrior, Nick is sucked into the realm of the Dark-Hunters - immortal vampire-slayers who risk everything to save humanity - and he quickly learns that the human world is only a veil for a much larger and more dangerous one that's filled with all kinds of evil. However, before he can even learn the rules of this new world, his fellow students start turning into flesh-eating members of the undead.
Nick knows he's in real danger and he soon has a lot more to deal with than starting high school: he's under pressure to hide his new friends from his mother and his chainsaw from the principal while trying to impress the girl he has a crush on ? all without getting grounded, suspended...or killed.
In Kenyon's world vampires do *NOT* sparkle. They are savage undead soul-eaters who pray on humanity. And all that stands between humanity and these vampiric 'Daimons' are the Dark Hunters. Born of Greek Gods, neither living nor dead, the Dark Hunter's are our secret salvation. Our only salvation.
'Infinity' is set roughly 10 years before the first book in Kenyon's Dark-Hunter book, 'Night Pleasures'. 'Infinity' is the first book in what will be a YA spin-off series called 'Chronicles of Nick'. The series will follow Nick Gautier, a seemingly average 14-year-old teenage boy who is plucked from normalcy to become a squire-in-training to a Dark Hunter called Kyrian.
In 'Infinity', Nick finds himself dealing with jock zombies. Kick-ass girl crushes. A blue man with horns and a killer Porsche 911 Turbo. All in a squires work, really.
The adult 'Dark Hunter' series is currently 27-books deep, with two new releases due this year. I've always intended to get stuck into the books, but could never muster the strength to go hunting for the first few in the series. I'm actually really glad that I read 'Infinity' before any of the other Dark Hunter books – because Nick's story is set before the DH series, I get all the back story for characters who are already established.
'Infinity' does what lots of other vampire YA fiction has failed to do – appeal to young males. I think teenage boys have been largely forgotten in the wake of 'Twilight' and the vampire craze – most vamp fiction is written to appeal to teenage girls, especially when most books riff off of the Edward/Bella immortal love story.
Once upon a time Dracula and vampire mythology would have been the perfect fit for YA male readers, especially because the fantasy genre was thought to be their realm, while touchy-feely 'coming of age' YA books were supposedly written for girls. But 'Twilight' changed all that. Girls became fantasy fans and where demonic vampires would have once been the reading turf of their male counterparts, the sub-genre was inundated with paranormal romance reads.
Adult fans of 'Dark Hunter' will enjoy 'Infinity' for the prologuing back-story to the main series and fan-favourite characters. Female YA readers will pretty much read anything with the word 'vampire' in the blurb, and the fact that this is a spin-off of a popular adult paranormal romance series will no doubt intrigue. 'Infinity' also has a romance, with Nick crushing on a candy-striper with a dark secret. But Young Adult female readers will especially like the fact that the protagonist of 'Infinity' is a broody young man with an old soul and a tough attitude – the Cajun accent doesn't hurt either.
Nick is living in two worlds. He's a scholarship kid at a private school, bullied everyday for his mother's exotic dancer job and his op-shop clothing. His only real friends are young delinquents who make money mugging tourists. And his father was a small-time criminal who died while doing a stint in jail. Nick and his mother live hand-to-mouth and some days don't have enough money to put food on the table.
Nick's life is hard. Kenyon doesn't shy away from some rather vicious scenes that highlight Nick's problems with bullies, and his growing up in a rough neighbourhood.
Pain exploded in Nick's skull as he tasted blood.
"You're going to pay for that, Gautier."
The three of them descended on him so fast and furious that he couldn't even seen to fight back. One minute he was standing and the next he was on the ground with his arms wrapped around his head to protect it from the gun Alan was beating him with. They stomped and beat on him until he lost all feeling in his legs and one arm.
Alan stepped back and angled the gun on him. "Say your prayers, Gautier. You're about to become a statistic."
Those loyal DH fans who are iffy about being thrown into a 'squeaky-clean' YA world can rest easy - Kenyon is writing a rather nitty-gritty, dark YA series. Her writing packs some serious punch, and certain scenes are flinch-worthy for their brutality. Not only will this appeal to YA males, but adult fans who are following from Kenyon's DH series will no doubt recognize the sharp edges to the action-packed writing. But this is still YA, and occasionally the 'horror' scenes divulge into gruesome hilarity, especially when Nick's school is overrun by flesh-eating jock zombies;
Frank cast a hungry look over to the group where Brynna and Casey were standing. "Oh man, if it is catching, I hope Casey Woods gets it and comes for me. If you gotta die, no better way to go than to get eaten by the head cheerleader."
Jason high-fived him. "Yeah, all right. Sign me up for that too. I definitely want to be her chew toy."
I liked the fact that Kenyon wasn't talking down to her audience, instead choosing to revel in her vampiric mythology. Certain parts of 'Infinity' are fairly vicious and bleak – but that's apart of Kenyon's world, and indeed a by-product of vampire lore. It's only in recent years that vampires have been handled with kid-gloves and tamed for a romance audience. Kenyon harks back to the more Gothic, nitty-gritty demons and it's a joy to read.
I loved Nick – and because his voice is so strong and charismatic I will definitely be reading more books in his 'Chronicles' series. Nick is a wise-cracking kid from the wrong side of the tracks. Though only 14 he's had to grow up quick, and not always in the best circumstances. He is plagued by his father's criminal past, and hopes for his sake (and his mother's pride) that he doesn't go down the same path. But Nick really struggles when his environment and friends encourage him to go down that felonious route. Nick is really struggling in his life – he goes to the private school, but doesn't fit in. He tries to stay on the straight and narrow, but that isn't always possible in his neighbourhood. He's a mass of contradictions (more so than average teenagers) and he compensates for his hard-times with a cracking wit. He's hilarious, and an absolute joy to read. I can't wait to see how Nick grows and is impacted by the hard-hitting Dark-Hunter world he gets caught up in.
I was quite surprised by how well 'Infinity' appeals to male readers – especially because Kenyon's 'Dark Hunter' series is clearly geared toward a female readership, sitting firmly in the 'paranormal romance' sub- genre.
'The Chronicles of Nick' is a real writing departure for Kenyon, and an admirable change of pace considering she's done so well in paranormal romance (27 books and counting!).
I think Kenyon did a fine job of exploring a new side to her writing with Nick's spin-off. She's not writing a 'same-same' Dark-Hunter series but with tamer romance – she's really stepping outside her genre and readership and challenging her loyal fan-base to read outside their comfort zone. I certainly admire her for the change-up, and offer kudos for finding a new niche audience and gender readership.
The fact that I haven't read any Dark-Hunter books didn't impede my reading or enjoyment of 'Infinity'. I could tell that certain characters were fan-favourites who Kenyon was delivering back-story on for the enjoyment of die-hard readers. But that only intrigued me enough to decide I would go back and re-read the Dark-Hunter books; it didn't retract or confuse me during 'Infinity'.
This is a dark, edgy and adrenaline-filled YA read. It's exactly what a YA book should be – a non-stop thrill ride with bonus jock zombies, pretty girls and a quick-witted protagonist to enjoy the ride with. I loved this. I'd recommend it to men, women, YA boys, YA girls, long-time Dark-Hunter readers and Dark-Hunter virgins (like me).


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HOBOKEN – Hoboken-based author Holly Metz is set to receive a statewide writing award.
Inspired by a high school student's concern that Hoboken's tradition of welcoming the poor had come to an end, and an electrician's tale of a long-forgotten Depression-era murder, Killing the Poormaster: A Sage of Poverty, Corruption, and Murder in the Great Depression tells a little known part of Hoboken's history.
At the mercy of the local Poormaster, Hoboken's poor were often denied much-needed aid because city officials were more interested in saving money than dispensing relief. The frustration and despair doled out through the office of the Poormaster forced one starving welfare applicant into an altercation that resulted in murder.
Metz's book has been selected to receive the New Jersey Council for the Humanities' (NJCH) annual Book Award. Each year the Council presents an award to an outstanding humanities book on a New Jersey subject or written by an author with New Jersey ties. Two additional authors receive Honor Book mentions. The Honor Book winners for 2013 are Hendrick Hartog, Someday All This Will Be Yours: A History of Inheritance and Old Age (Harvard Univ. Press) and Justin Wolff, Thomas Hart Benton: A Life (Farrar, Straus and Giroux).
Metz will be honored at an Awards Celebration on October 30th at the New Jersey Law Center, New Brunswick, beginning at 5:30 p.m. In addition to the book awards, the Humanities Teacher of the Year Award will be given to Adam Recktenwald, East Brunswick High School, and the Public Humanities Award to Geraldine R. Dodge Foundation President and CEO Chris Daggett, who will also present the keynote address.


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The Broken-Leadership Paradox
About The Author: The author, a senior IT executive at one of the nation's largest banks, shares his experiences under the pseudonym Coverlet Meshing. He has spent the last two decades in the financial services sector, picking a fight with anyone who doesn't understand that banks are actually software companies and need to invest in engineering as a core competency. His cheery outlook and diplomatic nature are rarely reflected in his writing. Write to him at [email protected]. Follow him on Twitter: @CoverletMeshing.
Ever wonder why executives brought in from the outside almost always replace competent members of the existing leadership team?
The easy answer is that the hiring manager has identified "talent issues" in the space in question. He isn't the only one who sees the need for a change. Every senior executive who has ever dealt with that space, every stakeholder who has ever interacted with it, every member of the team itself… hell, every clown in that little car has an opinion about who should get a pie to the face -- and not a one thinks it's him or her.
Filling an empty management slot has the same narcotic effect as buying a lottery ticket. Winning is never the point. That dollar buys you a chance to let your imagination run amok. In every clown's mind, that new hire might just as well be Oprah with a bag full of silver gift boxes. "You get a car! You get a car! Everybody gets a car!" And by car I mean employees who don't suck.
[Budgets and technology specifications are only part of an technology leader's responsibilities. Managing an IT workforce might be the most challenging aspect of any executive's job. Attend the Humans Aren't Computers: Effective Management Strategies for IT Leaders session at Interop 2014 in Las Vegas, March 31-April 4 to learn new management techniques.
You can also REGISTER FOR INTEROP HERE.]
But let's put wishful thinking aside for a second, because the key word in that first sentence is "competent." We're not talking about replacing underperformers. Rather, leaders who either met or exceeded expectations. To manage them out seems arbitrary, disloyal, and disillusioning, if not cruel.
It's a "lawyer up" moment for both parties, because both sides are right. Yes, he's a rock star, and yes, there's no place for him in our new boy band. I mean, seriously, he has the same damned haircut as the new lead singer.
What follows are some thoughts on this intractable talent paradox: the idea that most organizations don't really have the kinds of talent issues that everyone is convinced exist. Rather, organizations bring them on with changes in leadership. The root of the problem, I argue, is that we're all…
Special little snowflakes If management books are ever to ascend to the status of art or literature, they'll need to balance their cheery professionalism with some darkness and angst. They'll need to moderate their optimistic solutionism with the occasional "We have no idea how to solve this problem and we never will." I would love to see Jim Collins start his next book with:
"Life breaks us. And each of us in a unique way. Even if you experience no significant breaks, like the teens struggling with the ennui of suburbia or the adults suffering from what Louis CK calls white people problems, you still must end up broken. Because never experiencing real misfortune leaves you bland and hollow, with a skewed frame of reference and the inability to empathize with the damaged majority. Good managers recognize that we're all broken. And the best managers were the kids who very early on learned to play with and enjoy broken toys."


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Art and the Playfair Library: Jenna Waldren
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Please call the store that owns the cart. If it remains after three days, or if there is no store name on the cart, please call the city's Code Compliance division at 360-442-5093.
Show All Answers
We encourage you to place your garbage and/or recycling container out for collection the night before your scheduled pickup day and bring them back within 24 hours after they have been emptied.
Waste Control will make every effort to get all garbage and recycling containers collected during severe weather conditions, such as flooding or snow events. If an event occurs and your neighborhood is not collected, Waste Control will go back as soon as it is safe to do so. If a miss collection is anticipated, Waste Control will contact the news media in an effort to notify its customers.
Household hazardous waste is accepted at the Waste Control Transfer Station every Tuesday and Saturday from 9:30 to 11:30 a.m. Items accepted include:
Learn more about hazardous waste.
Unused medicines can be brought to the Household Hazardous area at the Waste Control Transfer Station every Tuesday and Saturday, from 9:30 to 11:30 a.m. Place the medicine into a container, such as a plastic soda bottle, with enough water to dissolve the medicines, and secure the lid with strong, sturdy tape. Unwanted or unused medicines can also be brought to the Longview Police Department, from 8 a.m. to 4 p.m., Monday through Friday.
Place your used or unused needles into a container, such as a plastic soda bottle, and secure the lid with strong, sturdy tape. Bring the container to the Household Hazardous area at the Waste Control Transfer Station, at no charge, from 8 a.m. to 4:30 p.m., Monday through Saturday.
E-waste is also known as electronic-waste, and generally includes such items as televisions, computers, monitors, and laptops. These items can be brought to the Waste Control Transfer Station. Learn more about e-waste.
If you have household furniture that you no longer need, such as couches, mattresses, chairs or televisions, please do not place them in the alley. Please bring the items to the Waste Control Transfer Station for proper disposal or contact Waste Control at 360-425-4302. There will be a modest charge for either of these options.
While we recognize that a majority of these instances are doing illegally, unless the City can get information about who may have placed those items there (license plate, description of the vehicle, etc.), the City has no choice but to require the adjacent property owner to remove and properly dispose of those items. Even though these items may be placed in the City right-of-way, it is the responsibility of the adjacent property owner to keep that portion of the alley clean of debris, tall grass, overgrown vegetation, etc.


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Merlin's weekly podcast with Dan Benjamin. We talk about creativity, independence, and making things you love.
Merlin's weekly podcast with Dan Benjamin. We talk about creativity, independence, and making things you love.
"What's 43 Folders?"
43Folders.com is Merlin Mann's website about finding the time and attention to do your best creative work.
Glenn Wolsey: 6 email tips
Merlin Mann | Sep 1 2006
Glenn Wolsey—6 Ways To Organize - Your Mail Application Glenn Wolsey has a great little post on how he's set up and is using Mail.app. He's got some very smart stuff here, including an intriguing approach to minimalist mailbox management: The "Interesting" folder is a new one to me, and, although I personally favor a more verb-y approach to my email buckets, that would be a cool way to bubble up stuff you don't want to miss after a big round of processing. As we covered in Inbox Zero, it's all about liberating the actions out of your mail. Like any of this stuff, if the system makes sense to you and gives you transparent affordances for instantly knowing "where it goes" and "what you need to do about it," then you're on to something. Nice work, Glenn! POSTED IN:
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About MerlinBio Merlin Mann is an independent writer, speaker, and broadcaster. He's best known for being the guy who created the website you're reading right now. He lives in San Francisco, does lots of public speaking, and helps make cool things like You Look Nice Today, Back to Work, and Kung Fu Grippe. Also? He's writing this book, he lives with this face, he suffers from this hair, he answers these questions, and he's had this life. So far. Merlin's favorite thing he's written in the past few years is an essay entitled, "Cranking." |
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Learn About the Law
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[236 U.S. 512, 513] This action was brought by the United States in the circuit court for the southern district of California against Augustus W. Boggs and the United States Fidelity & Guaranty Company of Baltimore, Maryland (which may be called, for convenience, the 'Guaranty Company'), to recover damages for the failure of Boggs to perform his contract to construct for plaintiff a stone [236 U.S. 512, 514] mess hall and kitchen at the Rice Station Indian School in Arizona, for the performance of which the Guaranty Company was his surety upon a bond in the penal sum of $6,500. Upon plaintiff's complaint and the answer of the Guaranty Company (Boggs having failed to appear, and his default having been entered), the case came on for trial before the circuit court, trial by jury being formally waived under Rev. Stat. 649, Comp. Stat. 1913, 1587. Elaborate findings of fact were made, the substance of which is as follows: By the contract, which was in writing and dated February 23, 1905, Boggs agreed to furnish all materials and perform all work required for the construction and completion of the building in strict and full accordance with the requirements of the plans and specifications which were annexed; covenanting that the entire work should be completed and turned over to the United States on or before September 1; and that (art. 4) if he failed to complete the work in accordance with the agreement within that time 'the said party of the first part [the United States] may withhold all payments for work in place until final completion and acceptance of same, and is authorized and empowered, after eight days' notice thereof, in writing, to the party of the second part, and the said party of the second part having failed to take such action within the said eight days as will, in the judgment of the party of the first part, remedy the default for which said notice was given, to take possession of the said work in whole or in part, and of all machinery and tools employed thereon, and all materials belonging to the said party of the second part, delivered on the site, and, at the expense of said party of the second part, to complete or have completed the said work, and to supply or have supplied the labor, materials, and tools of whatever character necessary to be purchased or supplied by reason of the default of the said party of the second part; in which event the said party of the second part and [236 U.S. 512, 515] his sureties of the bond to be given for the faithful performance of this agreement shall be further liable for any damages incurred through such default and any and all other breaches of this contract.' By article 9 the United States agreed to pay to the contractor, on the presentation of proper receipts or vouchers, the sum of $12,709, 'in consideration of the herein recited covenants and agreements made by the party of the second part, as follows: Eighty (80) per centum of the value of the work executed and actually in place to the satisfaction of the party of the first part at the expiration of each thirty (30) days during the progress of the work, the amount of each payment to be computed upon the actual amount of labor and materials expended during the said period of thirty (30) days for which partial payment is to be made (the said value to be ascertained by the party of the first part); and the balance thereof will be retained until the completion of the entire work, and the approval and acceptance of the same by the party of the first part, which amount shall be forfeited by the said party of the second part in the event of the nonfulfilment of this contract; it being expressly covenanted and agreed that said forfeiture shall not relieve the party of the second part from liability to the party of the first part for any and all damages sustained by reason of any breach of this contract.' Attached to the contract as a part of the specifications were certain 'general conditions' which (inter alia) required the contractor to be responsible for all damages to the building, whether from fire or other causes, during the prosecution of the work and until its acceptance, and declared that partial payments were not to be considered as an acceptance of any work or material. On or about April 12, Boggs commenced operations and furnished certain materials and did certain work, but he did not at any time complete the building in accordance with the contract, and, on the contrary, wilfully, intentionally, and [236 U.S. 512, 516] fraudulently disregarded the terms of the contract from the beginning of his operations under it. On June 10 plaintiff paid him $4,356.24 on account, and on July 21 the further sum of $3,539.16, both payments being 'pursuant to the terms of said contract,' and aggregating $7,895.40, no part of which has been repaid to plaintiff. He not only failed to complete the work on or before the 1st of September, but failed after that date to take such action as would remedy his default. On or about October 27 plaintiff rejected the work and materials and the building as offered for acceptance by Boggs. On November 4, while the structure was still in his possession, it was completely destroyed by fire. Thereafter he did not, in accordance with the provisions of the contract, commence the construction or reconstruction of the building, and anything he did thereafter was outside of the contract and without plaintiff's consent. On or about December 28, by reason of his failure and refusal to perform the terms of the contract, or to complete and turn over the building as therein required, or to remedy his default, plaintiff took possession of the site, and notified Boggs and his representatives to vacate the premises and leave the Indian Reservation, which they immediately did. At the same time plaintiff seized and confiscated certain building materials, tools, and implements, of the value of $2,418.58, then upon the premises and belonging to Boggs. It is further found that Boggs wilfully, intentionally, and fraudulently failed, neglected, and refused to erect a structure in accordance with the plans and specifications that were a part of his contract, although plaintiff performed all conditions and obligations on its part; and there are specific findings that plaintiff did not change or abrogate the terms of the contract in any particular, nor extend the time of performance, nor consent to the failure and delay on the part of Boggs. In December, 1906, the United States advertised for the construction [236 U.S. 512, 517] of a new mess hall and kitchen upon the same site, and in January, 1907, entered into a written contract with one Owen for the construction of such building for the sum of $16,600, in lieu of the building that had been agreed to be built by Boggs; but the contract with Owen was different in substantial respects from that made between the plaintiff and Boggs, and the building actually erected by Owen was likewise different; $1,200 of the contract price agreed to be paid and actually paid to him had reference to work wholly outside of the work provided for in the Boggs contract, and $500 of the contract price agreed to be paid and actually paid to Owen was for work and materials in excess of what was included in the Boggs contract. Moreover, the cost of labor and building supplies had materially increased between the time of Boggs's default and the time of making the new agreement. Hence, the trial court found that a comparison between the two contracts furnished no basis for estimating plaintiff's damages.
Upon these findings judgment was rendered in favor of the United States for the amount of the two sums advanced to Boggs during the progress of the work ($7,895.40), from which, however, $2,418.58 was deducted as a set-off and counterclaim in fovor of defendants for the value of the materials confiscated. Interest was allowed to plaintiff at 7 per cent upon the amount of the 'progress payments' from September 1, 1905, until the date of judgment, and interest at the same rate was allowed to defendants upon the amount of the offset from December 28, 1905, the difference, which plaintiff was held entitled to recover, being $7,403.09; but the recovery against the Guaranty Company was limited to $6,500, besides costs.
Upon cross writs of error this judgment was reviewed by the circuit court of appeals, with the result that it was reversed for error assigned by the Guaranty Company, and the cause remanded, with directions to enter [236 U.S. 512, 518] judgment in its favor on the findings. 116 C. C. A. 187, 194 Fed. 611. The present writ of error was then sued out.
Solicitor General Davis and Mr. W. C. Herron for plaintiff in error. [236 U.S. 512, 519] Mr. J. Kemp Bartlett for defendants in error.
Statement by Mr. Justice Pitney:
Mr. Justice Pitney, after making the foregoing statement, delivered the opinion of the court:
The circuit court of appeals held, in substance, that because, after the default of Boggs in the performance of his contract, the government waited more than a year before entering into a new contract, during which time there was a material change in the cost of labor and building supplies, and because the new contract then made between the government and Owen was different in substantial particulars from that upon which the Guaranty Company became surety, the second contract furnished no proper basis for estimating the damages sustained by plaintiff by reason of the breach of the first, and therefore the Guaranty Company was wholly released from liability.
For present purposes we assume the entire correctness of the court's view that because of the substantial differences between the work that was the subject of the Boggs contract and the work that was afterwards let to Owen, the latter contract furnished no proper basis for ascertaining the damages accruing to the government by reason of the default of Boggs. The court rested its decision [236 U.S. 512, 523] to this effect upon the language of article 4 of the Boggs agreement and its own previous decision in American Bonding & T. Co. v. United States, 93 C. C. A. 310, 167 Fed. 910, since affirmed by this court in United States v. Axman, 234 U.S. 36 , 58 L. ed. 1198, 34 Sup. Ct. Rep. 736.
But the question whether, by the letting of the Owen contract, or by whatever else was done or omitted by the government about rebuilding after the default of Boggs, the responsibility of his surety was wholly discharged, is a very different question, not concluded by the decision in the case cited. There the government, upon Axman's default, 'annulled' his contract pursuant to its 4th paragraph; that is, undertook to complete it in his stead and charge him with the excess cost. As appears from the reports of the case (167 Fed. 915, 234 U.S. 42 , 43), it was 'not a suit to recover generally whatever damages the United States would have sustained had Axman abandoned his contract, but a suit for damages under the express stipulations of the contract;' that is to say, under its 4th paragraph. No other question was considered or decided.
In the present case, Boggs wholly failed to construct the building called for by his contract, either within the time prescribed or at any time. His work and materials, and the building as he offered it for acceptance, were rejected by the government, and thereafter, while remaining in his possession, the structure was completely destroyed by fire. He then took no steps to construct or reconstruct the building in accordance with the contract, but continued to wilfully disregard its obligations, so that after waiting for an additional month and more, the government took possession of the site and required him and his representatives to vacate the premises, which they immediately did. His default was complete, and upon the findings it cannot be deemed to have resulted from anything done or omitted by the government. Nor did the government receive [236 U.S. 512, 524] anything of value from him or as a result of his work, except the building materials, tools, and implements that were confiscated, and for which allowance was made in the judgment. Upon this state of facts, the Guaranty Company's liability clearly became fixed upon the occurrence of the default; and it was not released by the failure of the government to have the same work completed in accordance with article 4, unless, by the fair meaning of the agreement, the government was obliged to rebuild, or at least was excluded from recovering damages upon any other basis than a completion of the building, as permitted by that article. For it is plain, we think, that the making of the new contract cannot be regarded as an alteration of the Boggs contract to the exoneration of his surety. The very fact that the differences were so material as to exclude the Owen contract from consideration as a thing done by the government under the Boggs contract leaves it without any relation to the rights of the present parties. Their rights and liabilities between themselves, being already fixed by the complete breach of the Boggs agreement, were not to be affected by any subsequent and independent transaction between the government and third parties.
Is the government, then, remediless against the Guaranty Company for the default of its principal? The contract was entire and indivisible; a completed building was the thing bargained for; the partial payments were not to be considered as an acceptnace of any work or material; they were to be '80 per centum of the value of the work executed, . . . the amount of each payment to be computed upon the actual amount of labor and materials expended;' the balance was to be 'retained until the completion of the entire work,' and forfeited in the event of nonfulfilment of the contract, but such forfeiture was not to relieve the contractor from liability for any and all damages by reason of any breach of the contract. Aside [236 U.S. 512, 525] from the particular effect of article 4, which will be considered presently, the true intent and meaning are plain: the 'progress payments' were not to be treated as payments for parts of a building, but as partial payments advanced on account of a building to be completed thereafter as agreed. The contractor's right to retain them was conditioned upon his subsequent fulfilment of the contract. And when he wholly defaulted, and in effect abandoned the contract, the most direct and immediate loss sustained by the government was the moneys it had paid him on account, and for which he had given nothing in return. Conceding that there was not, technically, a failure of consideration, because his promise, and not its performance, was in strictness the consideration (United & G. Rubber Mfg. Co. v. Conard, 80 N. J. L. 286, 293, 78 Atl. 203, Ann. Cas. 1912A, 412), still the substance of the matter is the same, so far as concerns the measure of the detriment to the promisee.
The general rule, that a contract for the complete construction of a building for an entire price, payable in instalments as the work progresses, is an entire contract, and that a wilful refusal by the contractor to complete the building entitles the owner to a return of the instalments paid, has been declared by the state courts in a number of cases. Public Schools v. Bennett, 27 N. J. L. 513, 517, 72 Am. Dec. 373, 374; Tompkins v. Dudley, 25 N. Y. 272, 82 Am. Dec. 349; Bartlett v. Bisbey, 27 Tex. Civ. App. 405, 408, 66 S. W. 70, and cases cited. This court, in a case that has been often cited and followed, where a government contractor, without fault of his own, was prevented from performing his contract, owing to the abandonment of the project, held that he was entitled to recover from the United States what he had expended towards performance ( less the value of his materials on hand), although he failed to establish that there would have been any profits. United States v. Behan, 110 U. S. [236 U.S. 512, 526] 338, 344, 28 L. ed. 168, 170, 4 Sup. Ct. Rep. 81. And see Holt v. United Security Life Ins. & T. Co. 76 N. J. L. 585, 597, 21 L.R.A.(N.S.) 691, 72 Atl. 301.
We do not think article 4 can properly be so construed as to restrict the government to the remedy there indicated in the event of default by the contractor, or to exclude recovery of the actual damages directly attributable to such default if, in the reasonable exercise of its rights, the government determines not to complete the building. In the language of the article, the government is 'authorized and empowered'-not 'obliged'-to complete the work at the expense of the contractor; 'in which event' the contractor and his sureties shall be 'further liable for any damages incurred through such default and any and all other breaches of this contract.' The phraseology indicates a purpose to give to the government a right additional to those it would otherwise have; the stipulation is made for its benefit, and, being optional in form, cannot be construed into a covenant in favor of the defaulting contractor or his surety. Even in case the option is exercised, the language quoted leaves contractor and surety liable for other damages; a fortiori, the intent is to preserve their liability in case the option is not exercised.
We have not overlooked the familiar rule that a party suffering loss from breach of contract ought to do what a reasonable man would to mitigate his loss. Wicker v. Hoppock, 6 Wall. 94, 99, 18 L. ed. 752, 753; Warren v. Stoddart, 105 U.S. 224, 229 , 26 S. L. ed. 1117, 1120. But there is nothing in the facts as found to call for the application of this rule; for there is nothing to show that the government acted unreasonably in not exercising its option to rebuild under article 4. Nor does it appear that the loss would probably have been lessened by rebuilding; that 'progress payments' would, of course, have remained as a part of the loss, in addition to the cost of new construction.
In our opinion, therefore, the court of appeals erred [236 U.S. 512, 527] in holding that, because of the failure of the government to complete Boggs's agreement in accordance with article 4, the surety was released.
The Guaranty Company insists, however, that there are other grounds upon which the decision in its favor may be sustained: that the representatives of the government were grossly negligent in making advance payments to Boggs, in view of the supposed fact that the building contract was then being openly and flagrantly violated, and the defects in the work were conspicuously evident; that the government is concluded by the fact of making these payments, or, if not, then by its alleged disregard of the provisions of the contract relating to the time of making them; and that in these and other respects the government departed from the contract, waived breaches by the contractor, extended his time for performance, surrendered valuable security, and enlarged the surety's risk, thereby releasing it from liability. Assuming these defenses were properly pleaded, we still need spend no time upon them, since the argument made here to support them is based not upon the findings, but upon a general review of the evidence and a series of inferences drawn from it that are inconsistent with the facts as found by the trial court. The findings have the same effect as the verdict of a jury, and this court does not revise them, but merely determines whether they support the judgment. Rev. Stat . 649, 700, 1011 (amended by act of February 18, 1875, chap. 80, 1, 18 Stat. at L. 318, Comp. Stat. 1913, 1587, 1668, 1672); Norris v. Jackson, 9 Wall. 125, 128, 19 L. ed. 608, 609; St. Louis v. Wiggins Ferry Co. 11 Wall. 423, 428, 20 L. ed. 192, 194; Dickinson v. Planters' Bank, 16 Wall. 250, 257, 21 L. ed. 278, 279; Mercantile Mut. Ins. Co. v. Folsom, 18 Wall. 237, 248, 21 L. ed. 827, 832; British Queen Min. Co. v. Baker Silver Min. Co. 139 U.S. 222 , 35 L. ed. 147, 11 Sup. Ct. Rep. 523.
It results, from what has been said, that the judgment of the circuit court of appeals discharging the Guaranty Company from liability must be reversed. And we next consider what judgment ought to have been rendered by [236 U.S. 512, 528] that court upon the record and bill of exceptions brought up from the trial court, in view of the assignments and cross assignments of error. Baker v. Warner, 231 U.S. 588, 593 , 58 S. L. ed. 384, 388, 34 Sup. Ct. Rep. 175; Baer Bros. Mercantile Co. v. Denver & R. G. R. Co. 233 U.S. 479, 490 , 58 S. L. ed. 1055, 1061, 34 Sup. Ct. Rep. 641; Ft. Scott v. Hickman, 112 U.S. 150, 164 , 165 S., 28 L. ed. 636, 641, 5 Sup. Ct. Rep. 56; Allen v. St. Louis Nat. Bank, 120 U.S. 20, 30 , 40 S., 30 L. ed. 573, 575, 578, 7 Sup. Ct. Rep. 460; Cleveland Rolling Mill Co. v. Rhodes, 121 U.S. 255, 264 , 30 S. L. ed. 920, 923, 7 Sup. Ct. Rep. 882.
In addition to the questions already disposed of, it is contended in behalf of the Guaranty Company that the government's claim for interest is without merit and ought to have been overruled. Interest was allowed upon the advance payments, not from the respective dates upon which they were made, but from the date when, by the terms of the contract, the building ought to have been completely finished. In view of the facts, we think there was here no error. The findings make it clear that Boggs not only wilfully and persistently, but fraudulently, departed from the requirements of his contract, and refused to perform its obligations. He therefore accepted the money well knowing that he had no just right to it; and certainly when the time fixed for complete performance expired, without any attempt on his part to perform it, then, if not sooner, his obligation to return the money to the government was clear, and he was not, under the circumstances, entitled to await a demand from the government before repaying it. The suggestion that the government has waived interest by delay in pressing its claim is untenable. The cases cited under this head (Redfield v. Ystalyfera Iron Co. 110 U.S. 174 , 28 L. ed. 109, 3 Sup. Ct. Rep. 570; United States v. Sanborn, 135 U.S. 271, 281 , 34 S. L. ed. 112, 115, 10 Sup. Ct. Rep. 812; Redfield v. Bartels, 139 U.S. 694, 702 , 35 S. L. ed. 310, 313, 11 Sup. Ct. Rep. 683) are plainly distinguishable.
On the other hand, the government insists that it is entitled to recover as against the Guaranty Company, in addition to the penal sum named in the bond, interest thereon from September 1, 1905, the date of Boggs's default, or at least from January 16, 1906, when it is said [236 U.S. 512, 529] the surety was notified of the default. We are referred to nothing, and have observed nothing, in the findings to the effect that such notice was given to the surety at or about the date mentioned. The action was commenced more than two years thereafter. But, aside from this, the only exception taken in the trial court to furnish support for the present contention was: 'To the failure of said court to . . . decide that plaintiff is entitled to interest on the sum of $6,500 from the 1st day of September, 1905, and to the failure of the court to enter judgment against defendant for such interest.' We do not think this is sufficient to attribute error to the trial court as for overruling a claim for interest on the penalty of the bond from the time of demand made upon the surety, or notice to it of the principal's default. No such point was raised. The claim that was made and overruled was for interest from the time of the default, irrespective of notice to the surety; and that presents a very different question of law.
The primary and essential function of an exception is to direct the mind of the trial judge to a single and precise point in which it is supposed that he has erred in law, so that he may reconsider it and change his ruling if convinced of error, and that injustice and mistrials due to inadvertent errors may thus be obviated. An exception, therefore, furnishes no basis for reversal upon any ground other than the one specifically called to the attention of the trial court. Beaver v. Taylor, 93 U.S. 46, 55 , 23 S. L. ed. 797, 798; Robinson v. Belt, 187 U.S. 41, 50 , 47 S. L. ed. 65, 69, 23 Sup. Ct. Rep. 16; Addis v. Rushmore, 74 N. J. L. 649, 651, 65 Atl. 1036; Holt v. United Security Life Ins. & T. Co. 76 N. J. L. 585, 593, 21 L.R.A.(N.S.) 691, 72 Atl. 301. And the practice respecting exceptions in the Federal courts is unaffected by the conformity act, 914, Rev. Stat. Comp. Stat. 1913, 1537. Ex parte Chateaugay Ore & Iron Co. 128 U.S. 544, 553 , 32 S. L. ed. 508, 511, 9 Sup. Ct. Rep. 150; St. Clair v. United States, 154 U.S. 134, 153 , 38 S. L. ed. 936, 943, 14 Sup. Ct. Rep. 1002
We merely consider, therefore, whether (where the actual damages exceed the amount of the penalty) the [236 U.S. 512, 530] United States is entitled, as against the surety, to interest upon the penal sum from the time of the principal's default, in the absence of notice of the default given to the surety, or any demand made upon it. There has been much contrariety of opinion upon the question whether, in any case, the obligee in a penal bond can recover interest in addition to the penalty. The weight of authority in England is adverse to the recovery. 1 Wms' Saund. 58, note; White v. Sealy, 1 Dougl. K. B. 49; Wilde v. Clarkson, 6 T. R. 303 (disapproving Lonsdale v. Church, 2 T. R. 388); Tew v. Winterton, 3 Bro. Cr. 489, 29 Eng. Reprint, 660, 663, note. In this country the tendency of the decisions in the state courts seems to be in favor of the allowance of such interest. Perit v. Wallis (Pa. Sup. Ct.) 2 Dall. 252, 255, 1 L. ed. 370, 371; Williams v. Willson, 1 Vt. 266, 273; Judge of Probate v. Heydock, 8 N. H. 491, 494; Wyman v. Robinson, 73 Me. 384, 387, 40 Am. Rep. 360; Carter v. Thorn, 18 B. Mon. 613, 619. The bond in suit appears to have been made in California, but the contract was to be performed upon a government reservation within what was then the territory of Arizona. See Scotland County v. Hill, 132 U.S. 107, 117 , 33 S. L. ed. 261, 265, 10 Sup. Ct. Rep. 26. We are referred to nothing in the law of that state or territory indicating a local rule. In this court, although the question seems not to have frequently arisen, the English rule has usually, but not invariably, been followed. M'Gill v. Bank of United States, 12 Wheat. 511, 515, 6 L. ed. 711, 712; Farrar v. United States, 5 Pet. 373, 385, 8 L. ed. 159, 164; Ives v. Merchants' Bank, 12 How. 159, 164, 165, 13 L. ed. 936-938; United States v. Broadhead, 127 U.S. 212 , 32 L. ed. 147, 8 Sup. Ct. Rep. 1191.
In the state of the decisions, we may safely apply the rule followed by Mr. Justice Clifford in a case at the circuit, and we need go no further in order to overrule the contention raised by the government at the trial of the present case: 'Sureties, if answerable at all for interest beyond the amount of the penalty of the bond given by their principal, can only be held for such an amount as [236 U.S. 512, 531] accrued from their own default in unjustly withholding payment after being notified of the default of the principal.' United States v. Hills, 4 Cliff. 618, Fed. Cas. No. 15,369. This is, in effect, the same rule followed by this court in Ives v. Merchants Bank, 12 How. 159, 164, 165, 13 L. ed. 936- 938. See also United States v. Quinn, 58 C. C. A. 401, 122 Fed. 65.
We find nothing else in the record requiring discussion. The result is that the judgment of the Circuit Court of Appeals should be reversed, and that of the Circuit Court affirmed.
Judgment reversed.
Mr. Justice McReynolds took no part in the consideration or decision of this case.
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Citation: 236 U.S. 512
Docket No: No. 125
Argued: January 15, 1915
Decided: February 23, 1915
Court: United States Supreme Court
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Conceptual sketches of the Islamic center planned two blocks from ground zero envision a futuristic-looking building wrapped in a honeycomb of abstract shapes, with a core containing far more space for secular pursuits than religious worship.
The renderings, some of which were posted on the project's website this week, are preliminary, but they project the development team's desire to build something cosmopolitan and fun on a site now known only for controversy.
"I don't think that once this thing gets built, anyone will be picketing," said Sharif El-Gamal, the project's developer.
Groundbreaking for construction is probably two to three years away, "or hopefully sooner," El-Gamal told The Associated Press.
The largest part of the building — four of 16 floors — would be taken up by a sports, fitness and swimming center. Another full floor would be occupied by a child care center and playground.
Much of the rest of the building would be occupied by a restaurant, culinary school, artist studios, exhibition space and an auditorium for cultural events.
El-Gamal said the idea was to build a facility that will attract neighborhood residents looking for a place to work out, as well as suburban Muslim couples spending "date night" in the city.
The building's prayer space for Muslims — the part of the center that has caused some critics to derisively brand the center the "ground zero mega mosque" — would be on two levels in the basement. The 12th floor would hold a 9/11 memorial and sanctuary open to people of all faiths.
As for the look of the place, it could fit in fine as an annex to Superman's Fortress of Solitude, with white walls and floors and a crystalline feel.
Renderings by Soma Architects, a design studio that shares office space with El-Gamal's real estate company, show a building exterior that takes a traditional element of Islamic architecture — an arabesque pattern — and weaves it into a geometric mash-up that extends into the interior.
"We want to have a marriage between Islamic architecture and New York City. We want to do something that is green and cool," El-Gamal said.
Actual working plans for the center are still some time away.
An architect has yet to be selected, El-Gamal said. Planning is just beginning to emerge from a brainstorming phase disrupted when criticism of the center exploded over the summer.
Fundraising will probably begin in earnest in about 30 days, once the work of establishing a nonprofit group to oversee the center is complete.
Like the project's co-leader, Imam Feisal Abdul Rauf, the Brooklyn-born El-Gamal said he was caught off-guard by criticism from people offended by the concept of building an Islamic institution so close to the World Trade Center site.
Some have called it an exercise in triumphalism, intended to plant Islam's flag at the scene of the attacks and deliberately provoke Americans. Others say they are against the center because they don't want to see any growth of Islam in the U.S.
"I would have done things a lot differently during this process if I understood what we were up against," El-Gamal said.
But he added that he remained convinced much of the criticism was sparked by "a campaign of deception and deceit."
"People have been calling this the ground zero mosque. It's not at ground zero and it's not a mosque," he said. "Our identity has been stolen from us. It has been stolen by extremists."
Opponents have sought to link people involved in the project to Islamic militancy, partly by looking for past public statements in which they were critical of the U.S. or Israel.
El-Gamal, who spent his early childhood in New York with his Polish, Catholic mother, then moved abroad with his Egyptian father, a Chemical Bank executive, after his mother died, says those efforts are ridiculous.
But he acknowledged that intense scrutiny of the project will make tasks like gathering donations and selecting board members more laborious.
"We're going to have to run this just like a political campaign," vetting every donated dollar to see where it comes from, he said.
The center has set a goal of raising $27 million through a nationwide appeal to Muslims, interfaith groups and other philanthropists, but most of the $120 million to $140 million needed for construction would be raised by issuing a type of bond common in Islamic banking.
The instrument provides some of the same borrowing benefits as a standard construction bond, but complies with a religious prohibition against charging interest on a loan. El-Gamal said he hoped the bonds could be issued by a public development authority, which would allow investors to get them tax-free, but said that is not essential to move the project forward.
Revenue for operations would come from membership dues. The goal is to have around 4,300 paying members, with about half paying $2,700 per year for a family plan that would include fitness center access.
Both the center's programming and business model were modeled largely after the Jewish Community Center in Manhattan, a popular facility on the Upper West Side where El-Gamal is a member.
El-Gamal said he hoped the prayer space would serve a congregation of around 2,000 people, most of whom would probably be Muslims who work downtown. Around 500 to 600 worshippers are already attending services at the site.
Big steps ahead for the project include resolving the relationship between the new nonprofit group that will operate the center, and the eight-person real estate investment partnership led by El-Gamal that controls the real estate on which it would be built.
Buying out the investment partnership is probably the first step, El-Gamal said, although the details of how that will happen are still not finalized.
One of his partners in the real estate deal, Hisham Elzanaty, has told The Associated Press that while he supports the idea of the center, he also needs his investment to turn a profit.
El-Gamal said Elzanaty was a partner, and that "his consent and approval" were necessary to the project, but he didn't foresee that as any obstacle.
A bigger challenge could be persuading enough New Yorkers that the project is just another community center. El-Gamal said he is optimistic his message will eventually break through.
He said the group is planning a series of town hall style meetings in which the relatives of 9/11 victims would be encouraged to voice their concerns.
At the very least, he said, the project is on the map.
"From a publicity standpoint, I think we've gotten $50 million worth of press," El-Gamal said. "It was good people that came together with good intentions, and when that happens, good things usually come out of it."


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In its announced financial results for the first half of 2014, L'Oréal found solid results with a good operating profitability progression, as well as growth contrasted by divisions. The company saw sales of €11.17 billion, representing an operating profitability at 18.2% of sales and 3.8% growth in like-for-like figures. However, reported figures were down 1.5%.
Commenting on the figures, Jean-Paul Agon, chairman and CEO of L'Oréal, said,"A good progression in operating profitability was once again achieved in the first half, at 18.2% of sales, further illustrating the robustness of L'Oréal's strong value-creating business model. First-half sales showed contrasts by distribution channel. L'Oréal Luxe is growing rapidly, driven by the vitality of the novel brands Urban Decay, Kiehl's and Clarisonic and by the success of fragrances with Lancôme, La Vie est Belle, and Giorgio Armani, Sì. The active cosmetics division also delivered a very good performance thanks to La Roche-Posay, which this year once again is growing very strongly, the continuing recovery of Vichy, and the roll-out of SkinCeuticals. The professional products division is confirming its gradual improvement across all its brands. The consumer products division's growth is held back by a sluggish American market and, to a certain extent, by a slowdown in the new markets, but remains solid in Western Europe. In an uncertain economic and monetary environment, we are confident in the group's ability to once again outperform the market in 2014 and to post another year of like-for-like sales growth, improved profitability and increased net earnings per share. Following the finalization on July 8, 2014 of the strategic transaction between L'Oréal and Nestlé, the group will record this year a capital gain of more than €2 billion. The cancellation of 48.5 million shares will have an accretive impact of more than 5% on net earnings per share on a full year basis."
For the company's professional products division, L'Orèal recorded sales of €769.9 million for Q2 2014 and €1.5 billion for the second half of 2014. It was growth of 3% like-for-like and -1.7% based on reported figures for the half year. The division's growth was weaker in Asia, but has been confirmed in Western Europe and the United States. Hair care and hair colorants are the main contributors to growth, while styling also is growing strongly. And the return to growth in mature markets has been confirmed. The division also is maintaining good momentum in the new markets (excluding Japan), which are still dynamic, especially in India, Russia and Brazil.
For the consumer products division, the company saw Q2 2014 sales of €2.7 billion and €5.4 billion for the first half of 2014. For the half year 2014, the division recorded growth of 2% like-for-like and -4.2% based on reported figures. Well-positioned to benefit from the gradual improvement in European markets, it was nevertheless held back by an American mass market that has been slow to pick up, and, to a certain extent, by slower growth of the market in the emerging countries. Recent launches, which have provided a strong boost in hair where the division is continuing to win market share, have been less effective in facial skin care in the first part of the year. The division is maintaining its very good momentum in hair care, particularly in China, Europe and the U.S., and in makeup, L'Oréal Paris is expanding well. Among the geographic zones, North America has been held back by a sluggish market and a high comparison base. However, the division has posted solid growth in Western Europe and Brazil and continues to be dynamic in Southern Asia, Eastern Europe and Africa, Middle East, where it is gaining market share.
L'Orèal Luxe recorded Q2 2014 sales of €1.4 billion and €2.9 billion for the first half of 2014, with the half year numbers representing a growth of 7.4% like-for-like and 2.7% based on reported figures. Urban Decay is recording very strong growth, and the same is true of the American alternative brands Kiehl's and Clarisonic. Giorgio Armani, Yves Saint Laurent and Ralph Lauren are maintaining their dynamism, and Lancôme's fragrance La Vie est Belle is now number one, both in the French market and in the five major European markets combined. The luxe division also is expanding in all its strategic categories and is gaining market shares across all geographic zones, particularly in the new markets, notably China, and in the U.S. and Western Europe.
For its active cosmetics division, the company recorded Q2 2014 sales of €413.5 million, and half year 2014 sales of €920.9 million. In the first half, active cosmetics continued its sustained growth at 8.1% like-for-like and 3.2% based on reported figures. The first-half headline was the very good start made by sun protection, both at Vichy and at La Roche-Posay. La Roche-Posay has posted once again double-digit growth on every continent, and Roger&Gallet successfully launched a new fresh fragrance, Gingembre Rouge, in the second quarter. Also, all the geographic zones are contributing to growth, with strong market share gains in France, Russia, Brazil and China.
The Body Shop recorded Q 2014 sales of €187.4 million and first half 2014 sales of €363.8 million. It recorded sales of -1.7% like-for-like and -1.4% based on reported figures for the first half of 2014. Business in Europe, North America, the Middle East, Africa and Brazil was driven by innovations, and strategic priority given to skin care is delivering, driving growth in this category. Asia is still facing challenges in certain markets that are affecting performances, however. At June 30, 2014, The Body Shop has 3,041 points of sale, including those of Emporio Body Store.


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Chinese Vice Premier Li Keqiang is scheduled to become China's Premier in March, and the second most powerful person in the country behind President Xi Jinping – but in this video that's going viral, he was upstaged by a toddler's buttocks.
During a tour of the impoverished areas of Baotou, Inner Mongolia, Li made an impromptu visit to the home of a local farmer. According to the website Beijing Cream, the visit was unexpected — so much so that the farmer's son was still sleeping in the room, half-naked.
(MORE: A Sea of Troubles: Asia Today Compared to Europe Before World War I)
According to Shanghaiist, the farmer told his son to hide in the cupboard while Li was visiting. But when the cupboard got too stuffy, the boy jumped out and hid under the blankets. Chinese TV cameras caught everything, including the boy's exposed bare bottom.
Li was given the No. 2 spot in China's new Communist Party leadership during the 18th Party Congress, a once-in-a-decade transition that took place last fall. He will take up his role as the chief steward of the world's second-largest economy in just a few weeks.
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