The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-11-08

second part 10 the party Of the third part or the
party or the fourth part shall prove defective in
manufacture or quality Of material the party of
tnc second part agrees 10 make good any expense
or loss necessarily incurred by the party Of the
fourth part in remedying defects in the manufac-
luIe OF any such tyres, aud to save harmless the
party OF the third part and party Of the fourth
part from any claim made BY the purchasers of
Wheels on account OF defects In the material or
manufacture Of such tyres.
VIII The party Of the fourth part agrees to
manuiacture the 2O2 New York ROchum tyres
now in his possession into wheels. Said wheels
when made shall be held for the Joint account of
the party of the fourth pant aud the party of the
second part and either Of said parties shall be en-
titled to sell said tyres at not less than the cost of
the tyres and manufacture The proceeds of
such sale after deductiug the selling expenses
shall be accounted for by the party selling as FOL
lows: The party Of the fourth part shall be paid
the actual cost OF manufacture and the party Of
the second part the cost Of the tyres. 1.-THE full
amount If the cost Of said tyres and the manufac-
ture of said wheels shall not be realized the loss
snail be borne equally by said parties and any
Prunis IN excess OF said amount shall be divided
equally.
TX. 1t is agreed that the party of the fourth
part, the party OF the third part, or any CORPORA
uon which shall become its successor and carry
ON the business of the party Of the fourth part
shall purchase and take when manufactured into
Tyres, the balance Of the blooms purchased and
neld by the party OF the second part, for the pur.
pose OF carrying out the contracts entered into
va VI '''NNlN tue htl III 1861, OtINeen
the party the second part and the party of the
third part, In such quantities and at such times
as the business Of said party Of the fourth parG
ana party OF the third part or its successor shall
demand; and it is agreed that no other tyres
shan he used in said business unless specially d.
| rectcd bypurchasers of wheels
II any specifications shall be made by purchas-
erS OF wheels for other makes of tyres, the party
| OF the second part shall be notified thereof and
| given ample opportunity of arranging with such
purchasers for the use of tyres manufactured out
| OF said blooms.
X. The selling contract heretofore entered in.
| TO between the party Of the second part and the
party Of the third part on or about the 3rd day OF
| september 1854, is hereby revived and shall con
| uuue IN force for sixty days fromthe date hereof
| at the same prices, but any surplus over the pri
cc> therein agreed upon and ircights from Airing
! ton TO place Of delivery and other selling ex
| peuscs, ON the sale of aLy wheels under said
agreement shall belong 10 the party of tne fourth
| part on collection. The $50 wheels pledged to the
party OF the irst part as above provided shall be
the lirst wheels sold under said selling contract.
| Al On the sale of any wheels by the party OF
! the second part the price shall become due and
| ne pad TO the party of the first part And the
! pTGe pald or TO he paid for such wheels as are
| sold less trcights as above and selling expenses
shail be applied in the payment Of the indebted.
ness Of the party of the fourth part to the party
OF tue irSt part and shall discharge such indebi.
| edness TO that extent Deferred payments ifany
/ ON such sales, shall be taken as payment as
mum.
Any money received by the party of the first
part from or account Of the party of the fourth
part or the part" Of the third part, and the pur-
chase pr,ce ofwhecls sold by the party of the sec.
| ond part a, above provided, shall be applied first
m payment OF that portion of the Indebtedness OF
| the party of the fourth part which is not repre-
] Senlcd by the prOmissOry notes to be executed
I and delivered ~ heretofore provided.
| II is agreed that the party Of the fourth part
| may redeem all or any part Of the $50 wheels
| pledged as heretofore, provided on paying to the
party of the first part 20 dollars per wheel so re-
! deemed, the amount SO paid to be applied in
discharge Of the indebtedness due TO the party of
| Tie FIRST part by the party the fourth part not
! represented by such promissOry notes.
! MI The boring machine which is in process
ni conSlructonby the party of he fourth part for
! the party of the second part shall be completed
| as soon as possible according to the existing
agreement 1.-the prices TO be paid therefor (beng
! the cost of manufacture and ten per cent in ad.
| dilQm shall bc applied as part payment of the
| Indebtedness of the party Of the fourth part to
! the party of the first part, not represented by
! such pronssOry notes, on delivery of said ma
! chin. ar orIiug % agreement,
! Mi. The p1l ~ Of the fourth part agrees to
! pay the note made by him to the Michigan
| Iron Works at maturity, and to pay the open
! account and note due the Linden Steel Co, ut
| as early date as possible and the party of the
! second part agrees to obtain an extension of in
! CDbieduess to the Linden Steel Co. for six
months if required by the party of the fourth
! part
The party Of the fourth part and party of the
! third part agree TO protect the mortgage to be
| given rs heretofore provided, against the Mac
aulry attachment aud to procure the release of
| a mortgage heretofore given to the First Nation
! al Bank Of North Bennington.
In witness whereof we have this 18th day of
| january, L., hereto affixed our hands and
| seals
CHARLES II. FERRY, (Scal)
CHICAGO TYRE y SPRING WORKS, (Scal)
BY CHARLES IL. FERRY, (Scal)
| MILTMpRE Elastic STEEL CAR WHEEL Co.,
BY g. W. MILTmORE, (SCal.) President
&. W. MuTiMORE Seal
Aud 1t appearing that the said defendants VII
| lam c. D. trrHnrS, Charles H. Ferry. Frederick
Nj. Atkinson, The Union National Bank, The
Chicago Tyre and Spring Works, The Miltimore
Elastic Steel Car Wheel Co., reside and are with
out this State so that summons cannot be serv-
ed upon them,
II Is THEREFORE, ORDERED that the
sad defendants be required to appear on the
first day of the next stated term of the Court of
Chancery to be held at Bennington within and
for the County Of bennington on the first Tues
day of December \. d., 1855 and that the SAID
orator SHAH cause this order to be printed in the
BENNINGTON BANNER, n public newspaper pub
llshed In said County three weeks successfully,
the last Of which publications shall be at least
twenty days previous To the commencement of
the aforesaid term OF said Court, which shall be
dtrWed sufficient notice to the SAID William c.
D. GrmuiS, Charles H. Ferry, Frederick NJ. At
kuson, The Union National Bank, The Chicago
Tyre and Spring Works. aud The Miltimore Elias
tic stosl Cav wheel Co to appear and make an.
swer tp the said Bill and Supplemental Bill
Dated ut Bennington this 2Uthd ay OfOCtober,
A, d., lSSS.
EDWARD J. HALL, Clerk.
Batrholder AZ Barber solicitors for Orator.