The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-04-24
BEN ALDRIOH Is AFTER THE DOLD
PACKING COMPANY.
He Alleges That It's Failure to Live
up to It's Contract Has Injured
Him to the Extent Of $4,000.
He Also Alleges That a Con-
spiracy Exists to Keep
Wichita's Pac king
Interests in 1nnoc-
nous Desue-
tude.

Den AiQrlCn Sueu the LOU 6aCAIuS COm-
pany yesterday fos damages to the extent
of SIS, 900.
After the usual preliminary the COM
plant gives list of the property which
the plaintiff owned on the Sth day Of No.
vember 1887, and says THAT on said Sth
day OF November. 1887, said real estate was
of the reasonable and fair market value of
sI35, ZOO.
That on the said 9Th day Of November.
1887, the plaintiff with the intention and
for the purpose Of maintaining the value
of the property at the figure above men,
toned entered into contract in writing
with the defendants, copy of
which is hereto attached and made
a part of this petition and
ants agreed to erect, maintain and operate
q large manufacturing enterprise and in-
stitution towit u packing house establish
ment. Such to be of sufficient capacity to
kill 1000 hogs per day also OF sufficient
capacity to kill large number of cattle.
calves and sheep per day an addition to
such capacity to kill the 1000 hogs per day
be equipped with all the modern
appliances and machinery which
are usually found in such
establishments throughout the civilized
world and in addition thereto all appliances
of the latest invention which can be used
in such an establishment Such establish
ment to be erected, maintained aud oper
ated at and within the city of Wichita,
Kansas.
That said agreement specified certain
things to be done and carried out by the
plaintiff as a condition precedent to the
things therein mentioned by the defendant
to be performed. All OF which things in
IL 1r
to be done and performed, the plaintiff
has duly done. performed and carried out
That the real and only consideration to
the plaintiff for entering into the said
agreement W as the maintaining the value
of the said real estate herein mentioned
at the price or value herein mentioned
That Notwithstanding the full and COM
plete performance by the plaintiff of all
the mulitfarious conditions mentioned in
said contract or agreement by the plaintiff
to be performed, the defendants have failed
aud refused to perform the things
therein mentioned of their part to be per-
formed. or any OF the things therein men,
toned by them to be done or performed.
and have failed totally to operate the said
agreement.
That if defendants had fully performed
all of the things and conditions in said
contract or agreement by them to be done
or performed the value Of said real estate
would have been maintained at said value.
That the defendants for tue direct pur-
pose of violating said agreement and injur-
ing the plaintiff in the premises, have
entered into an agreement with various
parties in the city of Kansas City aud.
otherwise the defendants receiving large
considerations therefor. by the terms of
which the defendants were to violate the
terms of the said agreement and were to
fhn ~SA III
ment, and that the defendants in pursu-
ance of such agreement did violate the
said agreement with the plaintiff herein.
That the name or names Of such
party or parties entering into said
agreement or agreements by the
terms of which the defendants were Co
violate the agreement with the plaintiff
herein are to the plaintiff unknown As also
whether such agreement or agreements
was in writing or not and that the defend
ants fraudulently conceal the substance
and facts stated in such agreements from
the plaintiff herein and such agreements
are entirely the possession and KnOWledgs
for that reason is unable to set out copy
of the same.
That all the parties whose names appear
to the agreement hereto attached except
the defendants herein were the agents of
the plaintiff herein and the plaintiff was
and is the principle or party OF the first
part in and TO the said agreement. and the
said parties signing tho same other than
the defendants herein were the duly au-
thorized and acting agents Of the plaintiff
for the purpose Of making and entering
into the said agreement the same as the
agents of the plaintiff herein.
That by reason of the failure Of the de-
PENDANTS TO perform the stipulations men,
toned in the said agreement hereto at
tsched on their part to be performed the
real estate herein mentioned has depreci-
ated liz value while owned by the plaintiff
herein iu the sum of SIS, 600, and that the
plaintiff has been damaged by reason
thereof in the sum of IS. 900. all by the
gross negligence of the defendants as
herein stated.
Wherefore the plaintiff asks that the de-
PENDANT may be required to divulge the
said fraudulent agreement herein men,
toned by them entered into by the terms
of which the defendants were not TO
operate the said establishment herein
mentioned, and violated the terms of the
agreement herein mentioned as entered
into with the plaintiff, and that The plain
tiff may have judgment against all the
for the sum Of S.. 900 damages
as herein specified and for such other re-
lief as TO the court may seem proper.
CHESTER FIREBAUGH.
''For the plaintiff"