The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-09

ssrse with said defendant company s1lgs q
purci asing from II it, said oils 70 ell tie X
saue, to others desiring to purchase 4c1H y
them al prices fxed and established ~ 1t y
or lite agents and officers. That nhaon9 e.
the merchants and other dealers 20 maxim.
and entering into such contracts are ths a
following, to-wit: =
w. A. Bryan, resident OF McI<ennnn
county, Texas, said contract made in Iea "a
or 1893
w. i. Hsrnins a resident OF Caldwell
county. Texas, said contract Jnade IN the
latter part OF 1892,
II. Schmidt, resident Of Robertson
county TEXAS. said contract made about
the year 1892 or 1ses.
Il. fiaintff overs that all OF such con-
tracts as alleged and above described
when made by the agents az said defend
ant company We're authorized by Il. or
were fully ratified and carried out by said
company after same had been so made.
That plaintiff can not give more definitely
the terms, considerations and dates Of
such contracts than as above g1>len. be-
cause same are not known to piaintiff.
Plaintiff notifies said defendant to pro-
duce on the trial OF this case the written
contracts or copies of same made by It
as above alleged. with said merchants and
others dealing In said oils, or secondary
evidence of their contents will be produced
on the trial OF this case.
Is. Plaintiff further shows that the EaRle
Refining company was and Is private
corporation legally Incorporated under the
laws of the state of Ohio; that Its principal
office and officers are located In the city
OF Cleveland, Ohio; that the capital stock
of said corporation was aud is the sum OF
| $50. 600 that the purposes and objects for
which said company was incorporated was
| and IL to manufacture, refine. compound,
purchase and deal In all kinds OF oils and
grcases petroleum and It's various pro-
| duets, and all things Incident thereto for
| pront. Plaintiff MYERS that 1t does not
know the names and residence OF Its OFF,
GERS or any of its agents: that II liz In
| formed and so statos that IL has now no
officers or agents in this State; that on,
| to-wit. the 9Th day OF November. a. ID.
| 1901 said company filed I'm the department
! Of state In the State Of Texas a certified
| COPY ot iis articles OF Incorporation, IN ar-
| cctduncc with the requirements OF law. ard
| paid the fee required by law, md Obtained
| n hermit to carry on Its business IN this
| state. That under and by virtue OF snid
| authority so obtained IA aforesaid said
| company on said date begun TO transa.t
| business In this state. That from said date
said company began to pursue and carry
| on tho business In this State OF dealing III.
| selling and trading In the products OF Pc
| troleum, consisting of refined, illumin-
| atlng and other oils, In honest and sharp
| competition with said Watcrs-Piercc Oil
company. That said corporation continued
| TO pursue and carry on said business In It's
name In this State from said date up to
| about the 18th day OF October. 1884, at
| which date the said Eagle RehndIng COM
pnny and the said Waters-Pierce on COM
| rauy made and entered Into certain
| agreement. combination and trust, the ex-
act terms of which are unknown to your
| petitioner, but petitioner charges that
same was IN writing and the said defend
| ant is hereby notified to produce same or
| certified copy thereof on the trial or this
cause. or secondary evidence of Its con-
| tents viii he introduced. Plaintiff alleges
that by the terms OF said agreement the
| Wnfcrs-plerce Oh company bought OBJ
| tained Or leased. Or secured the control or
All tho property and business and fran
chises of said Eagle Rrhning company In
said State of Texas. and obtained ana So
| cured the right TO operate its business and
exercise Its privileges and franchises IN
this Stale. and the said Eagle refining
company withdrew from doing any busi-
ness In sad State IN competition with said
Waters. Pierce oil company. That since
| said date said Waters-Pierco on company
has been doing business in this state IN the
mime of the Eagle REFINING company, sara
business being carried on In apparent, nut
| not In real competition with said waters
| Pierce Oil company, and said buslness con-
stating OF dealing In and selling tho PRO-
| dnctk OF Dctroleum. refined oils, lnhficat-
ing and Illuminating oil. PlainuT AYERS
| that the said Waters-Picrce on company
and said Eagle Refining company We're anu
are corporations engaged In the same lilie
| of business, and that said contract or
orrcoment above stated affected the pro-
| duction of petroleum, and also affected tho
| snle of It's products IN this state, saf Pc
truloum and its products being articles OF
,nich general use that the public is inter-
csted IN the production and sale OF same
49, Plaintiff further AYERS that previous
ia tho year 1890, one C. w. Robinson, a
resident of Houston. Hnrrls county, In THIS
state. was engaged independently and In
his own name and for himself In dealing
in. buying and selling various kinds OF oils.
the products of petroleum. In TINS STATE
! In competition with said Waters-Pierce OH
company That about the - day OF -.
1890. the said C. w. Robinson and Waters
Pierce Cil company obtained and secured
The control. management ana conduct OF
In, s.id business OF C. w. Robinson. aud
by the terms of which. although said bus
(, ess IL conducted IN the name of &. VI.
Robinson rs before said date, yet same
| IN really controlled and conducted by saiu
, | Waters Pierce on company. Tint py mo
terms vi said contract and agreement ths
said C. w. Robnsoh is tc buy and sell ex-
omsively the oils OF said Waters-Pierce
OH company. and refrain from deallnh IN,
buying or selling any oils obtained from
any other source. That by the terms Of
, said contract the said business OF q. W.
, Robinson is carried on In the name OF G..
, w. Robinson and In apparent but not real
eompetition with said Waters-Pierce OIL
company. That said contract and agree
ment has been since the said date OF the
making OF same, and stll Is In fuli iorce
and effect. ~
II. Plaintiff AYERS and charges that the
above described contracts and agreements
by and between the said defendant Waters
I Pierce oil company and the various mer-
, chants and others dealing IL oils IN this
? State, and particularly the above de-
scrlbed agreement by and between SAID
! company ana the Eagle Refining conf
pany and the above described agreement
I by and between said Waters-Pterce oii
! company and said c. W. Robinson. were
l each and all intended TO and did create
3 and result In combination OF their cap