The Calhoun chronicle. [volume] (Grantsville, W. Va.) 1883-1984, 1897-03-16

ardson became the guarantor for the
purchaser, n. b. Armstrong. Now,
under separate contract between
Armstrong and Richardson, VIM.
Richardson agreed to pay tor said ties
to McConaughey, Bee d Co., "a cents
in full for all ties ON the West Fork
and other main streams, as the same
we're inspected and branded in the
said main streams; and 20 cents per
tie for all ties on tributaries of main
streams, as such ties were inspected
and branded, and an additional i
cents per tie, on such tributary ties,
as the same were delivered by McCon-
aughey, Bee IL Co, oLt Of the tribu-
talles into the main streams, Just as
Armstrong, with Richardson as his
guarantor, had agreed to pay under
the provisions of his contracts Of An
gust IL and "a, 1891. And by the
terms Of this separate agreement
Richardson was to pay Armstrong Z
cents per tie additional for all of said
Ties that armstrong should drift ont
of the West Fork and other main
streams and load into barges and de
liver to W m. Richardson, in the Lit.
tie kanawha river, from the mouth
of the West Fork. All these con
tracts were made aud completed in
Wood county.
Some three years or more ago n.
Is. Armstrong instituted n suit at law
in assumSit III the Circuit Court of
Wood county, against VIM. Richard
son for an alleged amonnt due from
Richardson to him on the last men.
tioned personal contract between
then. And in the latter part of De-
cember, 1895, or the first day of Jan.
nary, 1896, McConaughey, Bee &
Co, instituted suit at law i'm the
Circuit Court of Calhoun county for
the recovery Of the additional 4 cents
per tie on that part Of said ties inspect.
ed and branded on the tributaries.
And the firm of McConaughey d
Co., having, on the 18th day of De-
cember, 1892, entered into contract
tor the sale of large number of ties
to VIM. Richardson, upon which pay
ments we're fully made upon inspec.
ton and branding and an additional
81 cents per tie WAS agreed to be paid
on such ties as were on tributaries of
main streams when delivered out of
tributaries into the main streams, in
sttuted suit at law in the Circuit
Court Of Calhoun for the recovery of
the st cents per tie on tributary ties.
as though all had been delivered into.
the main streams. The cause of ac.
uon, lfany against Richardson, arose
in the county Of Wood, as did the
cause of action Of McConaughey, Bee
~ Co., above mentioned. Neverthe.
less, both firms, at the same time. in
stltuled suits a law in Calhoun coup-
ty, procured n summon IN each to be
issued against Richardson and sent
the same by private individual to
the city Of Parkersburg, who served
them on Mr.. Richardson a few DAYS
before the Rule day to which they
wore returnable. VIM. Richardson
claims, as | am informed, that counsel
for the plaintiffs IN these suits at law
IN Calhoun county, consented TO the
request Of one Of his attorneys that
the cases would not be called up or
judgments taken at the February
term, 1896, Of said court, until his at
torney could reach said court at
EVANSVILLE. But that on the arrival
OF his attorney, be found that iudg.
ments in each Of the suits had been
taken, without appearance or defense
on his part. That his attorney upon
his affidavit Of just defense and his
inability to be present, by reason Of
sickness had the judgments so obtain.
ed, set aside and at the same term
continued.
1t is understood that VIM. Richard
SON holds a contract signed by Nc.
Conaughey, Bee q Co., McConaup.
hey az Co., and himself providing for
counting 10 said firms all ties that
we're inspected on the tributaries
which were not delivered out into
main streams by said firms, within the
period Of time named in such contract
Mr. Richardson claims that many
thousands Of said ties we're NOT so de.
ivered and be claims the right IN .
'barge back The 20 cents per tie paid /
30 them and Get gG the same against
he remaining centsand 81 ceDls per
BE rs above stated and 10 recover
against ihq respective firms the resi-