The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-11-01

third part, in su,h quantities and at such times
as the business Of said party Of the fourth parL
and party OF the third part OF its successor snail
demand; and It is agreed that no other tyres
shall be used in said business unless speciaIrT a.
rected by purchasers Of wheels
! II any specifications shall be made by purchas-
eTs Of wheels Tor other makes Of tyres, the party
OF the second part shall be notified thereof ami
given ample opportunity of arranging with surl,
purchasers for the use Of tyres Manufactured out
of said blooms
\ The selling contract heretofore entered in
10 Dc tween The party OF the second part and the
party Of the third part or about the 3Gd day Of
september. 1854, Is hereby revived and shall con
tnue IN force for sixty days from the date hereof
at The same prices, but any surplus the pri
ces therein agreed upon aud ireights from Airing
ton to place Of delivery and other selling eX
penses on the sale of any wheels under said
agreement shall belong to the party Of the fourth
part on collection. The $50 wheels pledged 10 the
party Ofthe first part as above provided shall he
the first 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
De lald 10 the party OF the first part And the
price paid or 10 be paid for such wheels as arr.
500 less lreights AS above and selling expenses,
slail DE applied IN the payment of the indebted
ness of the party Of the fourth part TO the party
OF tue first part and shall discharge such indebi.
edntss to that extent. Deferred payments ifany
on such sa'es, 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
PAIt Hoi OF on account OF the party Of the fourth
part or the party of the third part and the pur-
chase price ofwheels sold by the party Of the sec
ond part as above provided, shall be applied first
in payment OF that portion OF theindebiedness Of
the party OF the fourth part which is not repre-
scented by the promissory notes to be executed
ana delivered as heretofore provided.
u IS agreed that the party of the fourth part
may redeem all or any part of the $50 wheels
pleuSed as heretofore, provided on paying to the
party Of the first part 20 dollars per wheel so re.
9eeined' the amount so paid TO be applied in
discharge OF the Indebtedness due to the party Of
the hrst part by the party 1.-THE fourth part not
represented by such promissOry notes.
MI The boring machine which is in process
OF construction by the party OF the fourth part for
the party OF the second part shall be completed
as soon as possible according to the existing
agreements the prices TO be paid therefor (being
tle cost OF manufacture and ten per cent in adj
dIu3n) shall be applied MS part payment of the
indebtedness Of the party OF the fourth pant to
lhe party OF the first part not represented by
such promissory notes, on delivery Of said ma
chine ac ording 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
= early adate as possibl =, and the party of the
second part agrees to obtain an extension of in
debtedness to the Linden Steel Co. for six
part.
he party of the fourth part and party of the
third part agree to protect the mortgage to be
gwen as heretofore provided, against the Mac.
aulhy 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, 1875, hereto affixed our hands and
seals
CHARLES II. FERRY tSeal)
CHICAGO TYRE & SPRING WoRRs, ,Scal)
BY CHARLES II. FEREY tScal)
MILTiMnRE ELASTIC STEEL CAR WHEEL Co.,
BY II. w. MILTlaoRE, (Scal.J President
&. W. MILTGN0EE. Seal
Aud 1t appearing that the said defendants VIII
liam {. ID. GranniS, Charles H. Ferry Frederick
VI. Atkinson, The Union National Bank The
Chicago Tyre and Spring Works, The Mtimore
Elastic Steel Car Wheel Co., reside and are with
out this State so that summons cannot be serv-
ed upon them,
Il is THEREFORE ORDERED that the
sad defendants be required to appear on the
lrst day OF the next stated term of the Court Of
Chancery to be held at Bennington. within and
Tor the County of Bennington on the first Tues
day OF December, A. D., 1883, and that the SAID
orator shal! cause this order to be printed in tn
BENNINGTON BANNER, puOlic newspaper pub
Ished in said County three weeks successfully.
the last OF which publications shull 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 C.
D, Grlnnis, Charles IL Ferry, Frederick NJ At
kinsOn, The Union National Bank, The Chicago
Tyre and Spring Works aud The Miltmore Elias
tic Steel Car Wheel Co to appear and 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.
Ratt.hpllpr G R1rbpr solicitors Fnr nrutnr