The times. [volume] (Richmond, Va.) 1890-1903, 1891-12-11
BONSACK MACHINE COMPANY.
IN Opinion Against tho Corporation in
The Supreme Court.
TIE DECISION BY JUDGE F UEILEROY.
,-,e Lower Court Was Affirmed ana many
,-,.-..,,,s Points Decided The south
American Cigarette Trade


.,.,e COMPANY against M.0I,m m, from the
..-,... court OK the city Of Roanoke, was a.
f-.e3 Judge Fauuteroy delivering tho
opinion as follows
.rhe nettian OF the Bonssck Machine Com
..rr complains of q decree pronounced 10y
ne circuit court ior the city Of Roanoke. Va,
b, vacation. Oh the seth day Of April. 1890 IN
Gle suit of the said Bonsack Machine Com
,.ry against %. H. Woodrum.
-rae Illl Is for specific performance of tho
..,se.aut contained in the clause az an agree
-.at. under seal. entered INTO on TIE LUZ LUZ
t.. o. july. 1855 between the bonsach
sr.i.ne Company Of Salem. o.. OF the A4ss
-s-t ali rs. III. Moolrum. oilt oauoNe va "a
t..~.00ni part as follow a." 81. d.
i-e agreed bY the sad NooiIu'- S-.s .o
sal ll no event either directly or -"-. e-'y,
have anything 20 do VIII 'nl o'l rror, mn
Oh. l.ne than those of tie sail con" ilai',' VI
is.s bv the fuu consent ia writing OF the Said
c.mpany and under such contract ana ar
r.rcements as the s9if company may l'o'4Ve,
ana this last provision SHAH coLlhuo lor
twenty years from this d"'e
r OBJECT
The object OF the latter clause. as 70 other
--arIirrs. being On prevent Noo1run amer
|,i-,.I.r.- toa any extent business for the
80 ,e,nnary in south America from forming
e.- 5.nat %. directly or indirectly, or IN
e,. manner whatsoever hy purcha-e or other
with the owner Or controller OF
GUS other cir0retto-machine. ne sad
W drum being the agent OF the SAID
l.raoy. and the latter not being IN o
position o. protect itself against any
.r.emeut which ho might make % the IN
.-. said company. and Oh tins account y
i-ts.n.tiy agreed that Moodrun shall not
abandon this agency. or cause tle company
q. rtv0helt. aud after connection with tins
company has ceased from any cause what
ever I'D any manner whatever. directly OF
INDIRECTLY. become interested % any other
C-.rctte machine 90 South America or ~ any
country o. which o machine OF the SAID party
cfthe first part las been sent for twenty
years from the date hereof
And the further ob ect Of the bill is % pre-
yslt R. If. Moodrum from acting with or
f.r another mpany and % recover damages
Cor his having been connected ~ interested ID
AID for another company. tO-wt. the Lud-
acton Cigarette Machine Company. thereby
smpantug and beating down the interest
ard business Of his prncipai-tAe Bonsack
Crarette Machine Company. As defense
o. this suit WO0drum pleaded that alter the
contract sued on and exhibited WITH the bll,
dated July l0. lss,. was made aud delivered.
to.wlt on the 9Th DAY ot August. 1889. the
plaintiff. the bOnsack Machine company. for
q valuable consideration, to-wit. SAlOJl,
u..d 20 10 by the defendant Wood
rum uy "a writing dated August 6, 1859.
sgued by it bv ID. Is. Ntr0use. IT'S president.
ami by the said Woo5rum. which was in
dorsei on the said contract OF July 10. 1855
contracted and agreed that all matters and
things embraced hy the contract OF July lO.
1--. were fully Oh listed ami settled, and the
contract itself was ended and settled and did
thereby agree 90 release and absolve the de-
ieu3snt from o. Liability, Obligations and re-
s.uctions imposed br tho contract: and
Nuolrum dil. thereby release the plaintln
from all liability Obligations and restrictions
imposed by tie contract. and that
afterwards. o. Wit. on the eth day
q September 1,s3. the plaintiff, the
I0rsack Cigarette Machine Company.
DID. ly the board Of directors. who were
th-raunt0 duly authorized bv resolution
du.g adopted and authenticated by the cor
I.i4te seal of the plaintiff and the signature
az tie certificate of u. A. Krise. its secre-
t4Ir confirm and ratity the settlement and
contract made between the plaintiff toy ID. Is.
Sirol.a president, and the said Woodrum on
Tie tA day ot August, 1889, as aforesaid.
MOTION ovLEnULED.
Amou0u was made by the complainant to
strike out and reject this plea. which motion
Was oyerG.el A special replication was
t-ea rendered. which alleged that the matter
So, up in the bib was not intended 10 be em-
trlced bY the contract OF August 8. 1889
IA- special replication was rejected, bat AN
agreement was made that the cause might he
heard and determined upon a general replica
t.- as % would he ou good special replica
tIn. and the cause was So heard and the bill
dismissed
ll the decision Judge Tauntleroy says We
Gre of the opinion that tile written agreement
Ol August 70 1889. did embrace and abr0-
gate t.e provision ln the contract OK July TO-
l,'. which prohibited NOOdrum from be-
coming Interested ID or connected with the
cigarette ua hines of other companies. There
n uY preteuce. nor can there be- that there is
ans paieut amtiguity. and the words are too
l.au positive and pointed 10 admit the pos
s.u.ity ut any occult Or latent meaning. All
matters and things cini raced by the within
contract have been fully ad listed and settled.
aAd tals contmctls for value received. declared
ended and settled. 10 is cOntended 10y tie
AUpe aut that tie settlement receipts"
tli release expressed and embodied IN the
explicit and al-embrcng terms or tue con-
laci 0l Angus. o.. $780, embraced and re-
i-rel % tAc settlement adjustment and
satisfaction %. only the money accounts IN
controversy between tle parties 20 the con-
N4et ~ July lu. I'-s and do not effect or
tHDIa. the covenant contained ia tie cone
i-.t "Lica restrained WoldrIn for twenty
e'I7 if.m its la,e iron any connection
N.l- of interest 100 The cigarette machine OF
4-y -.Atf competing Company.
IuLIA SETTLED.
i.lt Do 10 DE possible % hold that the terms
al matter. and things embraced by tle
".... contract have been fully ad usted ami
t-l-el relate only tJ money account ue-
tween Nooll1m. agent. aud the Bonsaek
..aiei'e Machine Company. principal, set
'.eie .fe i.e express woods added. and tlta
'.-'It .- .lr value received declared ended
t-+ settled lLc contract Itself is abrOgated,
Tended
VIA, does ended mean To means final.
N..i'. complete. conclusive. 10 lmpaft8
"., w. Oe when tie Apocoiyptic angel
N-. ono foot 0u tle sea and the other upon
l-- e..tl shall llit bus .huul TO heaven and
ZAP oy hm that lvetl forever and ever
~, iaeie shall Do Pine no longer" IL
WI l.t tlon boz admissible 90 oher par0l
re o-. testimony g. alter. vary and contra
". tie explicit term ot the awful decl.ra-
aui o. prove that non-o .stante mot
landing. lAo UlambiGupus words them
."'.- ime .stiI -olls his ceasele5s course"
.0 some Of tie provisions OF mans tenure
UPON earth.
so FRAUD.
There IS no intimotiou of fraud or Of mu-
'.N mistake. aud though in Il court # law
'eaint cannot be released by parol agree
Ae-i alone yet this is an executed written
agreement. ior valuable consideration nc
,eNea and retained by the complainant
N-' Offering TO return none OF H. asks q
''Nii VI equity % say 10 Is not bound because
y Nd not put lls zeal - che writing
IT. 4liset upon the contract under seal.
1.A winch was adopted. ratified and ap
proved Dy its own resolution August
l' certified under lts se0l and
ID. IFeie0 O. the defendant. who then and