The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1873-09-20

TIME STATE OF TBXAS--Tn the Sheriff
l of Dallas county-Grcetins; You are
hereby commanded That you summons ~
publication the California and Texas, Rail.
wnY Construction Company. who ale nom
residents of the State of Texas, to be and APP
near before the District Court OF Dallas
county, to be holden In and for the county
of Dallas, at the Courthouse in the city and
county OF Dallas, and State OF Texas. on the
first Monday in october, \. ID. 1913, then ana
there to answer the petition OF Walter y.
Sc,ti 0led Ina said court against the said Cal
ifornla and Texas Railway Construction
Company, and alleging In Substance rs ;pIs
lows TO- wit; That heretofore, to- wit, on :.
day Of November, 4: u. 1872, plaintiff and
defendant made and enter,d into q written
contract whereby plaintiff undertook ana
promised 10 haul and deliver 70 dei ,s1a MT
less tn II eight hundred tons OF hay, IN bales
Of two hundrnd andiiiiy pounds each, defend
ant agreeing 10 pay SIX dollalS ana ni,y cenls
| ner ton for all the hay so baled and delivsrsdi
| hat in pursuance of said contract, plaintin
| balcd aud delivered 10 defendant eleven
hundred and eighty-three tons and seven
| bundred ana 1ifly pounds Of hay, ana that
daIcn1ant, through Its agents, received ana
accepted the SANG, ~ means whereof de-
| fsndnnt became Liable AND pfoinisli ~ pay
+, ninintl III six dollars and nifty cents per ton
| nri he Ia ~ blled, delivered AMI accepted Us
aforesaid, making In the aggregate the sura
| II seven thousand six hundred and ninety
onn dollars and ninety cents. That said con.
| tract i in the possession of defendant, ana
motto, is hereby given IL to produce tne same
/ on The trial hereof, To be used rs evidence;
| Plaintiff further shows that at the speciai
| inxinrca and request of defendant, he sold
and Delivered 10 defendant certain articles OF
| merchandise. ana perforined cor MN eeltlln
/ work aud labor, specified in the Hrconnt az :
| tached to said petition, whereby deIendan,
| became liable and promised 10 pay pihlnun
| the sum Of money in said account sPecilea,
amounting in the aggregate TO two hundred
| and eight dollars and folty.swo G. MS.
| PLAINTIFF further show. that fof . nay
( nalad. Delivered and acs- ped rs alofcsail'
I trfautart hns made vaiiocs iafiih pay
mants as set forth u the hiil o. pa ilcula.s
/ bcreto atfache1, amounting IN the aEglegate
I 70 three Thousand six hundiec ana elriiyt
] sinhf duiiara and foriy-une cents That cf-
! III ~ above siiniits z and allowed. defend
/ atir na- not paid althtsCl said sans oIseycn
/ thousand six hundred and ninrty-onr uol-
| sipht dollars aud foriy-iwo ccniS OF any part
thcr.of, 9tii icpsy l!ie sa'ns has hitherto re-
/ fused AID siiilf,lass,
I, The pr.snis csnsidsT ned, p,aiutinprays tor
! "A ,rrif ~ sttachn ut against tilc pruprity 81
ssid drf ndant sufficient 10 pay J. said
: h, cited 20 ppaar and Answer, ana that
4 pla.utin have Julgweut fort SAID suinS 81
money less tii- el.-iits Aforesaid, VIII piter-
~ thereon. 10 costs Of suit and general asd
I prclni relief
II rlin fsu not, but have you then and
4 rh-rs h. fore said cauit this vii, showing
how you have c1acutl I Che same.
7 Win g.: John Y. laws. Clerk OF TITO pis'
/ tr.ci Conrt ~ Dailns county. Glfs
81 en- under ny hand aiid tlll seal ~
SAL is sss,i 4. sss oI IL ~ % se,s sg
0e' 100 JOHN N. rAwszEH
CIeri, Of the District cuurt Of Dallas eounV
All eooHpFy pspusy.