Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-07

vent a breach of covenant till the rights Q
the parties can be ascertained. That, ma
il please your Honor, is what has made GU
friends so exceedingly FESTIVE on tn
question Us to whether these order
are any part of this transaction: AM
they have been endeavoring to fisl
out from this contract what has entered int,
it as the petition alleges, as part of the ne
gotiation, and as is not denied in the an
swer that l can see, anywhere. We al
know it must have been. These orders die
not spring spontaneously out of his brain
he is not SO very eager TO give away thes.
trust moneys as TO have assumed gratutous
ly, by some sudden impulse of his own tC
have sat down at his table and writ
ten these orders to get rid of hi,
trust money. No, sir, il is as tn,
contract states, as part OF this negotiation
that these two orders had been given TO
90 into operation when the possession o
the road should be changed.
lOrder upon Cheshire X. r. Co. read.
beg to call your Honor's attention tC
that; =" In the due course of settlement
between the roads H0,o IN practice"
Now, your Honor will observe that tn is
paper, as stated in the contract, provides
that according To the practice then in use
accumulated balances from current traf
/ III, W HilAl ONtl ~ Il Ctltstlu tAttul,
and the contract provides in res pect OF
these monthly balances referred to in these
orders, tina. "A certain method of adjust
ment should obtain between the Rutland
| Railroad and the Trustees and Managers
on the other side, everything that the
| parties have agreed to in these instruments,
or covenants, and SO far in respect of what
we are EOw applying for, ii is OF no con-
sequence whether the covenant is under
seal or not. This contract, of which this
incidental order sent TO the lower roads is
part but not under seal because il j. not
OF nature that it would be under seal,
makes il part OF the covenant that that
contract carries out, Otherwise ihe whole
thing is a moral cheat and sham. 1t is
useless To deny that Gov. Smith and his
party were bound 10y the scope OF this
order and this contract taken together, to
have the contract which then existed, rs
these orders say, kept up. Not custom Is
is said in the answer not an understand
ing As Is stated in the answer, il is not
very material to Us whether it was general
custom or no custom at all. We have the
fact stated in the petition and not denied
in the answer; and again in this docu-
uient, which Is part OF the case, over the
signature OF Gov. Smith himself, that that
was the practice, aud We nave the con-
ceeded fact that under thai practice Tor Two
years, S25O,OO0 a year, except for the first
year, have been paid. 1t is little too
late, Therefore, 10 tax OF these orders not
meaning anything ont being merely acct
dental fly blows upon the harmonious sur
face Of This operation.
That being the case, ii your Honor
please, we have got the authority of Judge
Barrett, which my friends are so fond OF,
which advises Won. Is far AS that kind of
authority eau advise, that 1t is settled law,
that when a person ha- assumed a relation
and is pursuing a busiue-, upon coy
euani or agreement, it is your duty 10 pro-
iect him by temporary injunction I'll il
eau be aseeriained whether the party VINO
uuuel t,'he7 a VOCATION Oh tne eo'ehant'