The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-01

Wichita wins another decided victory
yesterday Not only this but the vic
tory was won upon the grounds of the
enemy and b. the decision Of Judge
Gary of Illinois, the judgment of the
district court of Cook county in the
case of the Wichita Board Of Trade rs.
Lord & Thomas was affirmed, giving 10
the Board Of Trade this city jJdg-
ment for almost $4,000.
The Chicago firm announce their in
tentiOn Of appealing the case 10 the
Unrted States supreme court. but II Is
believed that such a move will only be
in the interest of time and not in the
hope of winning a reversal
The history of the case viii call back
story of the boom days and cannot
probably be better explained than by
printing the unique contract between
the Board Of Trade and the Chicago
firm. 1t is said that the contract was
drawn by Z. II. Campbell of this city
and is found in full inthe brief Of
Bentley & Ferguson, who has acted as
the attorneys.
This = an action to recover damages
for breaches II an agreement, and
modification thereto. executed between
appellants and appellee. The agree
ment and modification thereto is as fol-
flows (Rec. 1885,:
This agreement made in the City of
Chicago, and state of Illinois, this TWEEN
ty-third (23rd) day of August. \. ID. 1888
by and between Daniel VI. Lord and
Ambrose l.. Thomas, doing business un-
der the firm name of Lord & Thomas Of
the said City of Chicago of one part;
and \. F. Neiderlander, ". \. Thomas
and b. H. Campbell, representing the
Board of Trade OF the City of Wichita,
Kansas. of the other part. witnesseth:
THAT in considera ton Of the coVen-
ants hereinafter set forth 10 be perform
ed by the Said Board Of Trade of the
said City of Wichita. the said Lord 4
Thomas do hereby agree to use their
influence to establish certain industries
in the said city of Wichita. which they
represent they have the power to con-
troll and which they were about to estab
lish in the City OF Hutchinson, Kansas.
tO-wit: The packing house of i. L.
Underwood & Co, and the lard refinery
of y. K. Fairbank & Co, and they fur
Their agree to use their influence and
best efforts to form a syndicate Of Chi
cago capitalists an others. for the pur-
pose of getting said capitalists To invest
in real estate i'm the said city Of Wichita.
and in said deals said Lord & Thomas
shall be able to influence the establish
ment of the said Underwood & Company
Packing House, and the y. X. Fair
bank d Company Lard Refinery in the
said city of Wichita, and the said CAPT
talists to invest in real estate in said
city of Wichita. and the said Lord &
Thomas do hereby represent and hereby
guarantee that the withdrawal of said
Lord e. Thomas from said Hutchinson
deals render it impossible for said I'm
derwocd & Company and the said Fair
bank & Company To esta blish their sew
eral industries in the said city of Hutch
inson under the former plans. or under
any other plan in which the aid Of the
said Lord & Thomas shall enter. and
that by the said action Of the said Lord
& Thomas in so Withdrawing from said
Hutchinson deals, the syndicateEf CAPT
talists organized by them to invest in
Hutchinson real estate will also aban-
don all former plans so made to so in
vest.
Now il is distinctly agreed between
the parties TO this contract that the said
Lord & Thomas shall withdraw and by
this act they do withdraw. from all con-
nection whereby they can directly or
indirectly use their influence to promote
the interests of the said City Of Hutch
inson. and they also further agree 10 use
all honorable means to promote the best
interests of the City OF Wichita.
ct is hereby agreed that if the said
Lord G Thomas shall fail 10 do any ~
the things herein mentioned for them to