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

4 De hitting Tn0k Tor MIN 10 turn ROUND
and say, ''rhe contract provides you
i may put the thing out or in, but you
. have no right to take your property and
5 we will hold on to il.
Mr.. Underworld never said any
such thing
Mr. Edmunds Il think you have stat
ed in substance that very same thing.
If not then | can withdraw all l have
said about the madness of your PROPOSE
tio7, and assume what the contract says
that there is still force in that contract
although we have exercised the right it
gives US of resembling it as it is called,
that is to put an end to their right TO
hold il on, and it then becomes their
duty under the covenant to allow us 10
take the property.
Mr.. Underworld have stated you
had no right to get the property under
the contract.
Mr.. Edmunds- (After reading from the
contract and assigument) Now if that
is not a covenant thai when the occasion
arises which authorises us 10 put an end
to the contract il does not impose upon
them the duty which your honor will
impose, then | don't know the use of
language That is all there is to it.
But, the gentlemen say, THAT NAV
all be true, but this provides that when
there is a termination Of this contract in
this way there is to be requirement.
of the property and we can't trust you
to reappraise it, and we can't give il up
till il is reappraised, and we have lien
upon il for our claims, and we must
keep it in spite OF our covenant to give
il up" suppose this lease had terminal
ed by its own limitation that there
never had been u question about this
misrepresentation at all that the rent
instead of having proved too much,
| proved To he very much too little, and
that these gentlemen had made 50 0O0,-
| 900 ont of the concern clear profit in
the twenty years. We go to them to
get possession No. they say, 1--WE
cant do il; this road is useful to US"
We lay: The time is up but they
say they can't help it and won't give il
up. Would your honor take up this de-
tense, that they could not deliver
this properly over 10 u because
they were afraid that we would not pay
upon appraisemenj whlt was due them |
Is there now any practical difficulty /
about Az appraisemeut Not bit. Your !
honor would merely have TO order at
TIE termination of this contract, a. il is 1
terminated Row, and, by its own limita- I
ton, to proyi ie lbat.On q cert .in day the I
road shall be appraised and turned over: |
a1d in gIart.ug the Injunction. ct course. 1
you would require, there being this .
ss-claim that possibly something may
be made ont Of-we don't know certain
~ that there may not be, because it may
be that the Supreme Court will hold
that the law j. amply sufficient even
upon the cause stated in this answer, it
may De that they may prove the facts
therefore, your honor is bound to pro
iect them, rs | suppose you are also
bound 10 protect us-yOu would provide.
therefore, as Judge Poland did in his in
junction, that, On lis being delivered
uyer-be1OTe, # you please, there should
b. an inventory u.ade-the party taking
il should give ample security There is no
difficulty about il a all not turn over the
properly into the possession Of anybody
ire spOnsiUle. Whether it was good
pJHCy for the credit OF this concern to
bring forward all the doubt that Gov.
Underwood's answer has raised, is
question which they must decide II i
T.
case Is concerned Int are YOU to leave
Us, as d matter Of Judicial equity, when
IL is agrDci that you are bound To Dr.
tect Us IN ail the rights We are ultimate
ly liable l. maintain-ar are YOU going to
leave us 60 the tender mrrcics OF a law
suit against seven OF eight milliqfs Of &
dollars, ia he form of FIRST and second
mortgage, Vermont and Canada rent,
special equipment loan, general equip
mcni loan, wood CONTRACTS, general ex-
penses, everything: Is that what the
g ntemeu call the clear and adequate
security That We would get by the j1de- (
ms M at The court. Tor the sum that We /
shop.t az last prove ourselves e. titled Z
TO: We m ght as well have descended
Do The internal regions in the hope of O
.Sning 'ayo-s and rewards in il. rs TO i
r0 ont drifting into this sea of conflict I
ing claims and lIigajiuus, with which f
Ve have nothing to do ~ all, if there l. =
any force in this contract which We have r
made. and If there Is not any force in il a
ben D. must be set aside. and the prop p
Fly Not held without any contract or IL :
spite Of IT, a
inis. Sir, is a subject OF some interest >
70 E-; bY computation which your Il
honor can make A. the elements If il IA
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