Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-22
GUIzOPs HISTORY.
Judgment for the PIafniiR i'm the Case
OF Rhea vs.. Brown & HOldOway-A
Resort 60 the Circuit Court. I'D

~uN6 a-eAAA AOE inc FAahuaA4 IN luo Case
Of Rhea vs.. Brown & HOIdOway-A
Resort 60 tiie Circuit Court. III
The case of Rhes vs.. Brown & HoldO-
way, involving the difficulty about Guizot's
History of France, was tried YESTERDAY
afternoon before Justice Everett and deter
mined in favor Of the plaintiff. An appeal
was taken to the Circuit Court.
The plaintiff, Mr.. Isaac Rhea, was rep
resented by j. A. CartwTight, ESQ.,, and the
defendants by Lawrence & Peabody.
Besides the plaintiff, several other sub
scribeTs to the work were presens as wit
nesses. The testimony brought out the
facts as we have heretofore published them:
That the contract in the original subscrip-
ton was for four vOlumeS-completDg the
history, when, in fact, there will be six,
making the work cost fifty per cent more
than was at first bargained for.
Counsel for the other side produced the
contract between Collins and Dfaut, the
parties who originally procured the sub
scriptions here and in Memphisan Column
bia, and Brown & Holloway, the present
holders Of the orders. By this they insisted
that the present holders were relieved of
the legal result of false representations on
the part Of those who got the subscriptions.
The contract is in the following words
Memorandum Of an agreement made
and entered into, this thirty-first day of
May, eighteen hundred and seventy.fiV
between S. Collins and w. II Draut, com
posing the firm of Collins & Draut, in the
city Of Savannah, State of Georgia. parties
Of the first part, and Thomas Brown and
Edwin Holloway, composing the firm Of
Brown & Holloway, in the city of ST. Louis,
State Of Missouri, parties of the second
part. Whereas the said parties of the first
part for and in consideration of the sum of
twelve hundred dollars to them In hand
paid, the receipt whereofis hereby acxnOW-
lodged, and for and in consideration of
two promisOTy notes copies Of which are
hereto attached, have this day sold TO the
said parties Of the second part, all their
right and interest whatsoever, in all and
every order that they have obtained in
the cities of Nashville, Columbia and
Memphis, State Of Tennessee, for a certain
literary work known as Guizot's History
Of France. Now this agreement witness
eth that in the event Of any of the above
mentioned orders tins day sold by the said
parties OF the first part unto the said parties
! Of the second part proving bad and worth
| less, that the amount calculated and paid
| for any such bad or worthless order or
orders by the said parties of the second
| part to the said parties of the first part,
namely, 20 per cent. of the amOunt to be
collected on such order or orders shall be
| deducted from and considered as a sstt
OF TO the note due and payable
on the 10Th day Of August, 1875. And it
is also expressly agreed that any such de-
| duction or set of for any such bad or worth
| less order or orders shall not be claimed or
allowed on any other note or notes given
| this day by the said parties Of the second
| part unto the said parties Of the first part.
And it is further agreed that any such de-
| ductiOn or set kOff for any bad
| or worthless order or orders shall be made
in writing by the said parties Of the
| second party before the maturity Of the
before mentioned note, due and unpaid on
the twenty-ninth day of August, eighteen
hundred and seventy-fve, and if such
claim is not made wikhin the above men
| toned period Of time, that the said parties
Of the first part shall be released from all
such claim for bad or worthless orders.
COLLINS & DRAUT.
Brown Il HOLLOWAY.
Witness to both signatures-A. E. HILL.