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

wheels to the party Of the first part with authori
ty to sell the same on the conditions hereafter
provided.
The party of the first part agrees to produce
the notes above described or any of them, fol
payment whenever requested by the party Of
the fourth part.
V. On the execution and delivery OF said
promissory notes and mortgages and bill Of sale
all the debts and obligations Of which an account
ing shall have been taken as heretofore described
shall be deemed settled and discharged and In
consideration thereof the balance found on such
accounting as above provided shall be payable
by the party of the fourth part to the party Of
the hrst part a. above agreed.
vi. ON the execution and delivery of the above
described notes and mortgages and bill Of sale Ia
the party Of the FIRST part all suits now pending
between any of the parties hereto shall be mme.
diately dismissed, each party paying its own
costs. The party OF the first part also agrees to
procure the Immediate dismissal Of any suit now
pending against the party OF the fourth part on
account OF the n-payment OF the note hereto
fore described, drawn TO the order Of the Calu
met Iron and Steel Co., each party paying Its
own costs.
The party Of the third part and the party Of the
fourth part hereby releases the party Of the see
ond part and Frederick NJ. Atkinson from any
liability cause Of action on account of the al
legged libel committed by reason Of a certain cir
culAr issued In the city Of Chicago and the party
OF the fourth part agrees TO dismiss the suit
brought therefor In the city Of Chicago each par
ty paying his own costs.
VII. II any tyres furnished by the party Of the
second part to the party OF the third part or the
party OF the fourth part shall prove defective iu
manufacture quality Of material, the party OF
the second part agrees TO make good any expense
or loss necessarily incurred by the party of the
fourth part in remedying defects In the manufAc.
ture Of any such tyres, and 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
the 202 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 part and 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 deductng the selling expenses
shall be accounted for by the party selling as toll
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 Of the cost Of said tyres and the manufac.
ture of said wheels shall not be realized the loss
shall be borne equally by said parties, and any
profits in excess OF said amount shall be divided
equally.
TX. II Il agreed that the party OF the fourth
part. the party Of the third part or any corpora.
ton which shall become It's 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
held by the party OF the second part for the pur.
pose Of carrying out the contracts entered into
on or about the 2Sd day OF March. 1885, between
the party Of the second part aud the party Of the