The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-10-25

= third part, in su:h quantities and at such time.
as the business OF said party Of the fourth part
and party OF the third part or its successor snail
demand; and 1t is agreed that no other tlr,.s
shall be used in said business unless speciaIiy ~;
rected by purchasers Of wheels
II any specifications shall be m ade by purchas
ers Of wheels for other makes Of tyres the party
Of the second part shall be notified thereof an2
} gwen ample opportunity Of arranging with such
purchasers for the use Of tyres Manufactured ont
Of said blooms 'U'
X The selling contract heretofora eptarod In -
70 between the party OF the second part and the
party OF the third part on or about The 3rd day Of
September, 1884 is hereby revived and shall con
tluue In force for sixty days from the date hereof
at the same prices, but any surplus over the pri
ces therein agreed upon and freights from A Ring
ton to place of delivery and other selling eI
penses, on the sale Of any wheels under said
agreement shall belong to the party of the fourth
part on collection. The 25O wheels pledged 10 The
party OF the hrst part as above provided shall be
| the nrst wheels sold under said selling contract
| XI. On the sale Of any wheels by the marty on
the second part the price shall become due and
De paid to the party Of the first part And the
PriGJe Pald or 70 be paid for such wheels AS are
sold less freights as above and selling expenses,
shaIl be applied In the payment Of the indebted.
ness OF the party Of the fourth part to the pnrty
vi lue hrst part aud shall discharge such indebi
edness to that extent. Deferred payments ifapy
on such sales, shall be taken as payment as
above subject to discount at per cent per an
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 price OF wheels sold by the party Of the sec
QUO part as above provided, shall be applied first
IN payment Of that portion Of the indebtedness Of
the party Of the fourth part which is not repre-
sented by the promissory notes to be executed
and delivered as 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 wheelso re
Ieemed' the amount so paid to be applied in
discharge Of the Indebtedness due to the party Of
the first part by the party Of the fourth part not
represented by such promissory not4-
AL The boring machine which III process
OF construction by the party of the fouY part for
the party of the second part shall be completed
as soon as possible according to the existing
agreement; the prices to be paid therefor (oeing
diton) shall be 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 Promissory notes, on delivery OF said ma
chine according to agreement.
Ali, The party 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, at
as early date as possibls and the party of the
second part agrees to obtain an extension Of in
deDtedneSs to the Linden Steel Co. for six
months If required by the party of the fourth
part.
he party Of the fourth part and party of the
tmrd part agree to protect the mortgage to be
gwen as heretofore provided, against the Mac.
auley attachment aud to procure the release Of
mortgage heretofore given to the First Nation
al Bank Of North Bennington.
In witness whereof we have this 18th dav Of
January, 1885, hereto affixed our hands and
seals
CHARLES II. FERRY tseal)
CHICAGO TYRE SPRING WoRKs, (Seal)
BY CHARLES II. FERRY, (Seal)
M1LTfNORE Elastic STEEL CAR WHEEL Co.,
BY q. W. MILTIMoRE, (Seal.) President
q. W. MnTIMoRE (Seal
And 1t appearing that the said defendants VIII
liam C.. ID, GranniS, Charles II. 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,
IT IS THEREFORE, ORDERED that the
SAID defendants be required to appear 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. A. D., 1888, and that the SAID
orator shall cause this order Tn he printed in the
BENNINGTON BANNER. a public newspaper pub
bshed 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
deemed sufficient notice to the SAID William G.
d, Grannis. Charles IL. Ferry, Frederick NJ. At
kinson, The Union National Bank. The Chicago
Tyre and Spring Works, and The Miltimore Elias
tic Steel Car Wheel Co. to appear aud make an
swer to the said Bill and Supplemental Bill.
Dated at Bennington this 2Othd ay Of October,
A. D., 1888.
EDWARD j. HALL, Clerk.
Batchelder & Barber solicitors for Orator.