The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-11-28
company, the would-be purchaser made this
proposition In writing:
The Ofrer of Nineteen Dollars


MAY is. 1870 the Gulf Coke and Coal
Company. Moblle-Gentlemen For the pur-
pose of compromising and adjusting tine
differences that exist between us as to my
rights under the option granted me by your
writing, executed on the sd of January,
1892 and the action since had Hereunder,
and without waving of such rights or any
remedies that may have for the enforce
ment thereof, If this offer is not accepted
by you, 1 make to you the following propo-
sition:
81. will purchase all lands and all the
mineral rights, with all the privileges, ways
and assessments of what nature soever be-
longing or pertaining to all of said lands
and mineral rights, covered by said option,
at the price therein stipulated, viz: twenty
dollars C$20 per acre, less a commission OF
per cent. thereon to me, say nineteen dol
lars ($19) per acre net, such purchase to be
made subject to the existing lease made by
you to IL. +. DeBardeleoen, such lease TO
be assigned to me by you, and to have
the consideration ito be paid you by him
therefor or hereunder from the time of
your acceptance of this proposition.
49, You to give me sixty days from the
date of your acceptance hereof to make
full payment in cash of the purchase mon
ey for such lands and mineral rights, and
upon my making such payment, to make
and deliver to me, or to such party or par
ties as 1 may designate. your proper deed
of conveyance of such lands and rights,
with all the privileges, ways and easements
of every character belonging or appertain-
ing to such lands and mineral rights, with
fun and sufficient covenants of warranty.
''3. Within six hours of my notification of
your acceptance of this proposition, l to
pay to you $40 600; If shall make payment
of the balance of said purchase money
within the time above stipulated therefor,
then said $4,000 to be taken by you as pay
ment pro tanto upon the whole of said
purchase money; if 1 shall fail to pay the
balance of said purchase money within the
time above stipulated then the contract be-
tween us made in furtherance of this prop
ostion, and all previous contracts or agree
ments made between us relative to said
hands and mineral rights, to become void
and of no effect at your election, and upon
your notification to me of such election,
and thereupon all interest, rights and
claims of myself. and of any party holding
under me- in and to such lands and mineral
rights to cease and determine, and you to
hold such lands and mineral rights just as
df no contract or agreement relative there
to had ever been made between u.s.
"a. Upon my failure ito make full pay
ment of the purchase money as above stip-
ulated, and upon your election to treat all
contracts and agreements between US as to
such lands and mineral rights as void and
at an end, as provided by the third para
graph above, and your notification to me
thereof the $4,000 paid to you as above
stipulated to become your absolute proper
ty as liquidated damages for my failure to
complete such purchases above provided,
unless the title to more than 10 per cent. of
said lands and mineral rights shall be
found not to be reasonably good.
IS. Any notification to be given me under
my contract made between US based on this
proposition to be given to me by letter ad
dressed to me at Birmingham. Ala, and
sent through the mails in the usual way,
or by delivery of such letter to my attor
neys, r. II. and N. r. Clarke, or either of
them, at Mobile Ala.
IS. AS an earnest of my good faith and
ability to make the immediate payment of
$4,000 as above stipulated, 1 have caused
to be delivered to Mr.. James McPhillips of
your company certified checks for that
amount, which will be duly endorsed and
delivered to you upon your execution and
delivery to me of a contract in consumma-
ton of this offer.
~. All such proceedings to be had on your
part as may be necessary to fully validate
the sale of the property to be conveyed
to me.
''S. If you shall accept this proposition,
its terms to be put in the form of a con-
tract between us properly drawn and exc
cuted in two parts, one to be delivered to
each of us. Yours truly, ="