Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-06-07
TROUBLE OVER WOOD CONTRACT
st. Regis Paper Company Seeks to Com
pei the Santa Clara Lumber Com
pany to Live Up to Contract.

An Injunction secured in Justice Frank
II. HScocks court, by the St. Regis Paper
company, restraining the Santa Clara
Lumber company of Franklin county. y.
y, from selling its timber lands in the
Adirondacks to the Brooklyn Cooperage
company. which had already contracted
tor tn" purchase OF the same, was only
the preliminary step in the commenC eme mt
of one of the most important suits recent
ly brought in this section of the state
whereby the st. Regis company seeks to
enforce the performance of a contract
vital to its interests, says d Watertown
correspondent of the Paper Trade Jour
ma.
The Santa Clara Lumber company
Which l. the owner of g., 40 acres of tim
Der land in Franklin county. contracted
in August 1885. with the 81. Regis Paper
company, to furnish the latter with l2U(
cords of pulp wood month for 10 years
at 50 cord the st. Regis company to
have the option of renewing the contract
for 10 years more
Payment was to be made from time &c
time on the pulp wood to cover the cost
of the work, and ii was stipulated In the
contract that the lumber company should
not dispose of the property during the life
of the contract After the St. Regis com
pany had paid about s25 90. a dispute
arose as to the payments, which differ
encc of opinion the st Regis Paper COM
pany offered TO arbitrate. The Santa
Clara company would not agree to arbi-
traton of the matter and notified the ST
Regis company that the contract was re-
scinded and rendered in repayment the
money advanced, which was refused
Soon aiterward the 81. Regis company
learned that preparations had been madt
by the Santa Clara company to sell 100
acres of the land upon which the former
depended for supplying its mill now IL
process of construction with pulp wood
and as the export duty placed by the
Canadian government on pulp timber
since the drawing of the contract in ques
ton had advanced the price of that ma.
, terial about - cord, it was decided tc
contest the matter Of the reputation OF
the contract in the courts. The temporary
injunction referred to was accordingly Sc.
cured, and a motion to make the same
permanent was returnable before Justice
L. W. Russell, at Canton. on June ?.
An eX-parte motion for an order modI.
Tying or NaCating the temporary iniunc-
ton was made before Justice Hiscock by
Henry w. Jessup OF New York, represent.
ing tho Santa Clara Lumber company
The contention of Mr.. Jessup was that the
plaintiffs affidavlts showed that the Santa
Cara company had the right to rescint
the contract which it had awaited itself Of
and that the plaintiff. the St Regis Pa.
per company. had remedy in an actor
at law to recover damages.
To the latter part OF Mr.. Jessup's con
tention Watson NJ. Rogers, one OF the at
torneys for the plaintiff, replied that tht
damages could not be determined Tor II
and possibly for 70 years Justice Hiscocl
said. after hearing both sides, that ht
could not continue an injunction which
would prevent the contamination of val
liable contract, unless satisfactory bono
was furnished. Mr. Jessup thought thai
a bond for $500 010 would about cover hi.
clients prospective loss, but Justice His
cock held that he could not take into con
sideration the loss the Santa Clara com
pany might suffer from its inability Il
purchase land with the money expected
from the Brooklyn Cooperage company
and decided that d bond of 100000 Woult
be sufficient The bond was furnished.
on Friday the parties and attorneys me
and made partial compromise, whereof,
the Cooperage company agrees TO assume
| the Santa Clara contract and carry /
out, provided the contract with the S,
Regis company is finally adjudged TO b
in force, and the bond required was re
duced to $4,000,