Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-20

CITATION BY ri
STATE OF TEXAs.
nRAZOs COUNTY.

STATE OF TENAS,
HRAzos COUNTY.
To the Sheriff or any Constable Of
Brazos County. greeting:
You are hereby commanded 20
summon lsnfceii Siil and ELEVATOR
Co., n corporation by making publi-
cation Of this Citation once In each
week for four successive weeks pre-
viOus 10 the return day hereof, In
some newspaper published In your
County, II there be newspaper pub
iished therein, but II not, then In
any newspaper published Ia the
Twentieth Judicial District. but II
there be no newspaper published In
said Judicial District, then in n
newspaper published Ia the nearest
District 20 said Twentieth Judicial
District, 10 appear az the October
term Of the Justices Court Of Pre-
cinct No. 4, Brazos County, 10 be
holden NJ Bryan, Texas, In said Bra
los County, on the 18th dry Of OctO-
Der, 4. -. 1901, then and there 10 an
swer q petition filed In said Court on
the 18th day of September. A. ID.
1901, In suit numbered on the
docket Of said Court No. 1852 where
in ]. T.. Edge aud NJ. >. Edge are
plaintiffs. and Purcell Mill and Ele-
vatOr Co, q corporation, Is defend
ant, and said petition alleging that
plaintiffs are residents 81 BrazOs
County, Texas, and that defendant
T. "a corporation having its dOmicile
and principal place Of business al
Purcell. in Chicknsaw County. Ia
the Indian Territory and that W. T..
caldwell. who resides az Louisville,
Ky, the President 81 said corpora
ton. That plaintiffs on or about the
lst day 90 January, 1901. contracted
and agreed To purchase Of defend
ant s22i4 pounds Of corn al 81 cents
per hushel Of Y pounds; and defend
ant contracted and agreed 10 sell and
deliver to plaintiffs 81 23i pounds ~
corn on 81 cents per bushel Of n
pounds; said corn 10 Doe delivered
free ON board the cars al Bryan.
Texas. Plaintiffs allege that In pur-
sunnco of said contract defendant
shipped to plaintiffs at Bryan. Texas.
two carloads Of corn. one car con
tanning $3.50 pounds Of corn and the
other ear containing b, 720 pounds Of
corn. and the two ears containing IN
the aggregate n ,6aJ pounds. instead
OF 50 2ii, as contracted for by plain
tifs. Plaintiffs further allege that
defendant drew on plaintiffs through
the bank at Bryan, Texas, with the
bills 81 lading attached to the draft
for the full amount Of said - PA
pounds OF corn M 80 cents per bushel
LAD 80 al
did pay the said draft before receiv
ing the said corn. believing the said
ears 90 contain - 23i pounds Of corn,
and plaintiffs thereby oyerpaid the
defendant for 1889 pounds Of corn,
whereby defendant became liable
and bound 20 repay plaintiffs for said
iu,b,g pounds Of corn; that said TO-
$50 pounds ~ corn az 80 cents per
hushel amounts 20 S76.li. which
amount defendant Is justly indebted
to and justly owes plaintiffs; that
defendant though often requested
has failed and refused and still re-
fuses 20 pay the same, or any
part thereof. Plaintiffs pray for ci-
tatiOn against defendant and for
Judgment for the amount of their
debt and FOR costs Of suit. and for
general and equitable relief.
Herein fail not, but have you be-
fore said Court, al its aforesaid next
regular term, this writ, with your re-
turn thereon, showing how you have
executed the same.
Witness, W. g.. Mitchell, Justice
of tho Peace for Precinct No. 4.
Braz0s County.
Given under my Official signature
no office Ia Bryan, Texas, this the
18th day of september, A ID. 1901.
w. G.. Mitchell,
Justice Of the Peace, Precinct No. 4,
Brazos County, Texas.
a Oct u