Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-09-10

II nq9d or 2Sd OF tcDTudry ihst L
+. Gething at the Bruins
N, Austin. On that occasion
d 1i.r introduced himself TO me
\ . 1 he wished to make a con-
n y 'sO head Of steer yearlings, de-
~ made at any date during the
4 dlIay following, in the vicinity
+ I'D Fails.
gsral conferences in reference
I'M we finally agreed upon a
,jeutered into a written contract,
4 S,he following Is Il copy:
STATE or TEXAS,
4 TRAVIS COUNTY,
4 .l.n,e Of agreement, made and exc.
vi ,nd between Geo. IL. Loving * Co. OF
4 "A Tarrant county, Tex, party of the
4 ,ndT.J Etching OF Travis county,
II ,rof The second part, witnesseth:
M party OF the first part have this
lined and Sold, hereby bind themselves
o the second party one thousand
..,sr yearllng cattle at any time during
/ Of May, A, ID. 1885, at Wichita Falls,
..tsnv other point not exceeding TWEEN
M. rila nOTlIl Ol ttllu nhltNh lihNts
N VA cattle shall all be good, straight,
attic, as good AS an average OF the
.l.sd IN palO Pinto county, Texas, and
/ Immediately adjoining, and free, from
+ md. blind, cripple or sway. back cat.
~ wear I'D al the time of delivery, and
~ 10 be raised In the counties and dis.
~miding Palo Pinto county aforesaid,
A ,lnd cattle TO be branded thus 70
#khl. for which causes and consldera.
& y second party agrees and binds and
ilmseli In manner following:
a az 10 the first party the price Of
4 IA. per head for said cattle, In full OF
4 nv Mace OF delivery above expressed,
A 4 fite the second party has now paid
1, ,am Of one thousand dollars $1,000,
4 mioiwhich the first party hereby ac'
4 ~ receipt to pay TO the first party the
4: sum Of three thousand i've hundred
4 SDOl, on or before the first day OF
A / D. 1875, and to pay the balance of the
1 delivery OF said cattle.
hrther understood and agreed, and the
4 IN, parties bind themselves to perform
spectye parts OF these presents TO each
I..a,rthe penalty OF two thousand, five
7 idollars $4,000, in name OF liquidated
+ ssriained damages to be paid by the
md Judgment therefor the party falling
4 Ne execution bind themselves and
5lloeOnfess Judgment before q court of
&yajurisdlction In Travis county, Texas,
u IA such failure happen through the first
n ihg bind themselves to confess
&nilor the above sums SO far as paid, as
4 pei cent. interest, and should the
u happen through the second party to
|tIent Of the said price the party OF the
&ipirils hereby authorized to apply the
ene thousand dollars first above &C.
3 trpd as paid to account as part of the
en- nafe Of damages.
nes; whereof we have hercunto set our
sle names at Austin city, Texas, this 18th
3 February, A. d., 1885.
n GEo. Is. LOVING Il Co.
FRED. j. Il. GETTING.
ss Daniel Gettlns and l.. b. Bobo.
ne signing the contract Mr.. Getting
\ ilwoald give him bond, which |
5fdio do, stating that / had never
nin my former dealings of that
R'iH; that probably could do so If |
{AAome, but that the profit in the
idonwas too small to compensate
trouble Of giving bond. After
lEHg With his friend and attorney,
{rlins, Of Gettins, Bobo & Co., OF
n Tex, Mr.. Gething decided to
u MO The contract without any con
whatever, except as above stipu'
% first Of April, when the seconC
aIiell due, was again in Austin
advised by telegram that Geth'
hellned to make Il payment until III
Sared by bond. There having beer
lsanding between us to that eff
" y being no part of our PREV
Aaae contract, | declined TO MAKE
~ and so wired my office.
sniAed from Austin on April LIST
\ seriously indisposed for severa
na therefore unable to attend per
business, being confined to m,
was Informed, however, that tn,
aao been satisfactorily adjusted b,
wlalng giving his check for tn,
afterwards | learned that paymen
9s1Opped on the check, and tina
4 feOald only pay overthc funds witt
4 NY attached to draft. | was ais,
snat Mr.. Jerome Harris woult
~ contract for the delivery o
~~5wlul the understanding that III
a " lhe contract out himself, o
& p 90 SO as | might choose, afte
'4Aelehuy recovered to attend t,
y ana with this understanding
~le harris contract TO Gething
4 ~ .s'u draft on him for $1,000 bal
& e y mat time on the original con
4 W harris and had no converse
e'slegence to the matter at the tim
+: ~ y esigned-in fact Ineyer sa,
vac time | returned from Austi
s,SHi days afterwards.
Il v suggestion It was afterward
,o Ssyeen MIR. Harris and mysel
r n. SS,u M the Getting contract ou
,S ipaInally contracted for in Steph
s'..s counties; and that he woul
|'s,.,s -. bought by him 10 I'LL othe
49, harris and Garner were bot
\ ~ sviely In what they did by q dc
kt.6s nae at a time when I wa
y ny, aua6le to attend TO business
4 es;vs NV received, nor did they expeC
\ IN, "a, que cent for what they did.
4 IA q VAS collected by my cashie
H is,l.s!. MN in the regular conduct {
sgtar as ! had instructed befol
u y, AZ Austln. My contract with Nj
4 s,seS not prevent me from usin
4 Am. y any way | saw proper, theI
n INV, oeen any contract betwee
~ ana myself that said none
i 4 ,,. ssa N any particular way.
Ak Ky S sums Of money, amountin
"a ~, due me, with which | G,
sha,s -9ie TO purchase and pay II
Il lasld made contracts for then
\ M Nv. delivered them IN accom-
l saa ,sleement, but for my iailul
z atss,,u Monies due me. The dl
A AVA ssI and failure to carry out n
n,aer IN. a.' TOO late to enable me
A 'sals engagements so as to deliy,
II ~. e.'s'.ording to contract. / di
ac' Tor 1000 steer yearlinl