The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1850-05-10

and equipments for that part OF the roa'
from Dalton 10 the Tennessee river, ant
OF consequence, deducling from the prlc
Of the construction and equipment OF 'ha
portion of the road, What II was estimated
IN the original contract the iron and equip
nents tor that parI OF the road would cost
The proposition of the Board for a modI
fcaior Of the contract, together with thu
reasons therefor, was submitted to Gen
Green on the 4rh Of April, and was b,
him re- ected. On Tie same dav Genera
Green made a written proposition TO SUI
render his contract upon certain terms an'
conditions, which were deemed inadmissi
bic by the Board, and his proposition wa
rejected UNANIMOUSLY. He then presented
written request that a committee be ap
pointed TO confer with him, and that the
Board continue It's session until the matte
could be adjusted; and committee was
according to his request, appointed.
On the 5Ih of April the COMMITTEE, hay
ing conferred with Gen. Green, reporle,
that he would submit proposSGOne liz
accordingly presented several written com
muncalions. also submitted a wrlttet
proposition for modification of the con.
tract, which, on being examined BY the
| Board, was rejected by a unanimous vote
The Board then adopted the following
resolution, and Gen. Green was furnished
with copy thereof by the committee:
"Resolved, that committee of two be
! appointed to inform Gen. Duff Green tina,
the Company cannot accept any Of the
propositions made by him to this Board
| tina, the Board TO not consider that any
| question has arisen under the contract. 10
be referred to arbitralors; and the rompa-
ny hope he may be able to execute his
contract as il now stands"
Gen. Green then submitted another pro-
position in writing, in which he SAYS:
81 propose to reinquish nv contract.
the Company paying me what is now due
on my ESTIMATES and assuming to paw VIII Il
is yet due to the sub-conrrac,ors, and two
thirds of such sum ns Mr.. Prlchard, your
own Engineer. and Professor Lea, of
Knoxville, Shall estimate for compensa>
ton and damages"
The Board having read and considered
SAID proposition. rejected it unanimously.
Gen. Green then submitted The following
proposition. viz:
81. Gen Green agrees to surrender the
-
sether with It's fixtures, and the materials
prepared tor II, on this day.
'2. The Company agrees to pay The SAID
Green for all work done and materials fur
nshed tor the Road up to this time on the
present basis of estimates, and according
to the supplemental contract. deduclins the
amount now due 10 contractors for work
done and materials furnished for the Road.
80. The Company agrees to assume the
amount due tn contractors and engAieers,
and relieve the said Green from the same.
81. Both parties agree that the question
as to what the sad Green is entitled To and
shall receive. it any, for the surrender
aforesaid, and the reqnishment of his con-
tract. be referred to the arbilrament and
award of M. b. Prchard and Albert Miller
Lea, whose award is to be final, and that
in case Of Disagreement, they shall have
power TO call in an umpire.
DUFF GREEN.
"Tesi:
rs. A. SMITH,
"WM. f. KEITH"
The Board having considered said pro.
position, by n unanimous vote accepted it,;
and written article was duly executed by
the parties, Of which The following is a true
copy, viz:
"Arlicle of agreement entered into this
fourth day Of April, eighteen hundred and
fifty, by aud between the East Tennessee
and Georgia Rail Road Company of the one
part and Duff Green of the Other part, yit.
nesseh that the said Duff q rcrn for and IN
Of the ,c"nvenan's and pro.
misses hereinafter mentioned /" be tale and
performed by the SAID Rail Road Company. |
he the sad Duff Green hereby and by these
presents releases aud surreEde-S To Tho said
East Tennessee ana Georgia Railroad Com. |
pnny, the East Tennessee and Gp"rcio
Railroad. together with It's fixtures and the
prepared for It; aud also hereby
up 10 he cancelled and nnnnll,d
the contracts md covenants entered INTO By |
and between the said Railroad Cumpnny
and The SAID Daft Green, bearing dates rc-
spcc'ivrly HE Fl St day Of No cmber, 1918, |
and the llh day of July. 1919. And for
and IN consideration of the release and SIR.
reder Of the snld Railroad, fixtures and ma
lcrlais, aud of the surrender OF the con-
'racs and covenants as aforesaid, the said !
East Tennessee and Georgia Railroad Com.
pany hereby covenants and agrees to nav TO
the said Dnf Green tor all work done and
materials furnished for the said Railroad up
TO this time, and not heretofore pald for. on
The present basis Of estimates. and accord.
lng to the supplemental CONTRACT, of July 4th,
1919, deduc';ng the umount now due TO the
contractors for work dUne and materials
furnished for the said Railroad. md also
ieduc'ing the amount due to the Engineers;
aud the SAID East Tennessee and Georpin
Railroad Company agrees to assume and |
pay to the said contractors and engineers
The amount due to them by the saiG Duff
Green for work aud materials done on the
road as aforesaid.
And the said East Tennessee and Gporoiu |
Railroad Company and The said Daft g -eeu
hereby mutually agree and covenant with
zach other, that the uups,inn : In ,lo, The