Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-03-05
SUED FOR S|V5,OOO
Sioux City Firm Asks Court to
Award Damages For Breach
Of Contract.
Armour & Co. Refused to Fill Ord.
ers on Agreement That Was
Improbable.
Suicide Of Burlington Woman Be.
cause of Lovers Quarrel
Other News.

SIOUX City, March 5.--Because Ar
mour & co. refused to fill certain orders
for fresh meals according to contract,
the Ralya Market Company, of Sioux
City, has commenced an action in the
district court asking damages in the
sum of $4,000 from the big packing
company. Robert Hunter. w. +. Can't
am! Bevington & Kennedy. Of this city,
are attorneys for the plaintiff.
The trouble was that Armours agent
had made a contract to furnish the Raj.
va Market Company with certain fresh
meats at a certain price, the contract
being in operation from May "A, 1899, TO
Sept. 20. 1899 Before the contract had
expired the price of these meats Vent
UP enormously. and Armour Would be.
obliged 10 furnish them a loss. if al
all. Ralya discovered that he had a
good thing in the contract and he at
once proceeded to take Wholesale orders
for meats covered by the contract,
knowing that Armour would refuse to
furnish the. meats as ordered He ex-
sue the big packer for damages for fail
ure to fulfil his portion Of the contract.
1t Was evident that the agent for Ar
mour did not anticipate the Sioux City
company would do anything but a re-
tail business, but it Went into the mat
ter at wholesale. asserting II is both a
retailer and jobber in meats.
The contract on which the Ralya
Market Company expects 10 recover
these large damages is worded as fol-
lows:
Sioux city. Ia. May "a. 1899. We the
undersigned hereby agree 10 bind our
selves as a partnership and individually
TO purchase and buy our entire supply
Of beef hearts and livers Ia. pork oins
80. spr. ribs "a, pork butts Az and
pork trimmings 3a from Armour x Co..
Sioux City, la. from this date forward,
at prices agreed upon between us. This
contract to be valid and agreed upon to
continue in force until scpt.5So. 1889
1T is also agreed that a. & Co will
furnish said goods at prices herein
agreed upon.
Armour e Company.
.Raiya Market Co, G. q. Il. tSec.)
IN. NJ Bouret, Salesman.
witnesses: Ross f. Mahsr, Charles
+. Wood
Armour filled all orders sent in by the
Ralya market up TO about Aug. l. lS9a.
and then Ralya realized his advantage
under the contract, as the price of most
of the meats. particularly pork loins,
had almost doubled in the big markets.
Then it was that he Went about the
country taking large orders. expecting
to buy the meats from Armour a the
contract price and sell at the market
price Even when Armour refused TO
fill the orders. Ralya continued 10 take
them. expecting to bring damage suits
fer the failure to fulfill the terms Of he
contract. Nearly every day he would
send in an order for from 100. 900 to 300
600 pounds OF pork lons. and the order
would be refused. 1t is on these orders
he NOW brings suit.
Had Armour made a contract With the
3Raiya company to furnish cured OF salt
able TO deal on the board OF trade, and
it would have been disastrous to Ar
mour. But the meats covered In the
contract are fresh goods, and are not
put ON the big provision markets of the
country. Nevertheless, the Ralya Mar
ket Company considers ii has an non
clad case against the big packer, and it
is determined To fight the case to fin-
ish in the courts. The suit probably Will.
be set for hearing at the March term OF
court, as it is filed for that time.