The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-02
Frank s. Thomas Suit For
Damages Against Santa Fe.
Claims That He Was Damaged
by Violation of Contract.
WATCHES NOT SOLD.
Claims Company Caused 1000
to Be Left on Hands.
Controversy the OutgrOwth Of
Watch Inspection Trouble.

A suit for $4S, ,SS8 was filed in the JEFF
ferson county district court at Oska-
loosa on Tuesday by Frank S. Thomas
of Topeka, against the Atchison, To-
peka & Santa Fe railroad. The suit is
the outgrowth of the litigation between
Mr.. Thomas and H. S. Montgomery,
watch and clock inspector of the Santa
Fe railroad, on a partnership which ex-
listed between Thomas and Montgomery
and the railroad company to supply the
railroad employees with watches.
The petition in the case sets forth
that in June, 1896, Thomas and Mont
gomery entered into contract with the
Santa Fe to establish a uniform time
service upon the road and also a sys-
tenn of watch inspection among the em-
plOyeS. Montgomery was to be appoint
ed general watch and clock inspector at
a salary of $500 year. Thomas was to
bear all the expense of regulating, re-
pairing and rating all clocks and
watches belonging to the company, the
work was to be done under the super
vision OF Montgomery. 1t was agreed
that Montgomery and Thomas, under
the name and style of H. S. Montgom-
cry should have the right to furnish
and supply all employees of the company
with a certain brand of watches in or
der to establish a uniform time system.
The petition says: That it was then
and there further agreed that said
ployes were to be of uniform construc-
tion and manufacture and to be espec-
tally tested and to be rated by the gen
eral watch and clock inspector, namely,
said H. S. Montgomery and his duly
authorized agents, whose compensation
and expenses were to be paid by the
said Frank s. Thomas.
And a further consideration moving
to said defendant company was that
the said Frank S. Thomas was to pay
said Montgomery the. sum of $50 per
month salary. That the said Frank S.
Thomas was further to bear all of the
expense of the printing of all bills, no
ticeS and other printed matter used in
furtherance of said enterprise and was
generally to finance the entire enter
prise ami bear all OF the expense C-lere-
of, and in consideration thereof and as
the sole consideration moving TO said
Frank S. Thomas, he was to receive
such profits as might accrue to him
through the sales of watches to em-
ployes.''
THAT in pursuance of said contract
said Frank S. Thomas entered upon
the performance thereof and performed
all of the conditions of said contract
upon his part until May, 1897. when the
said defendant company arbitrarily and
without cause or prOvocation thereof,
cancelled and annulled said contract
and ordered and required said II. 5.
Montgomery, as watch and clock in
spector of said company, to withdraw
and desist from further participation
in said enterprise under said contract
Thomas to understand that said con-
tract was SO cancelled, as aforesaid.
and that he could not further prosecute
said enterprise under said contract in
the name and style of H. s. Mont
gomery.
That the said Frank s. Thomas had
at that time of the annulment of said
contract by said company expended
large sums of money and been at great
expense in carrying out said enterprise
under said contract and in establishing
a time system for said defendant COM
pany, and had at that time on hand a.
large number tOf watches undiSposed OF
which had been procured by the said
Thomas in anticipation of the continu-
alton of said contract and of its per-
formance by the said defendant COM
pany and by way of provision for The
performance of said contract upon his
part
s.Thereupon in consideration of the
premises and in further consideration
of the continuance and uninterrupted
furnishing and supplying by said
Thomas of said watches and to said en-
ployes of said company, the said COM
pany then and there agreed orally that
said Thomas should have the right to
continue to sell said watches to said
employees until he should sell to the
number of 4,800 such watches to said
employees; it being further agreed in
consideration of all of the premises
that the said defendant company would
protect the said Frank S. Thonas in
the sale of said watches upon the pay
that the said defendant company would
honor through it's treasurer any orders
given by employees for the purchase of
watches and would retain and deduct
from said employees wages all sums
specified in said orders, the same to be
paid to the said Frank S. Thomas, who
was to continue the business of supply
ing said watches to the employees of said
company under the style and firm
name of NJ. A. Mead & Co.. of Topeka.
Kansas.
"Thereupon said Frank S. Thomas has
and in the name and style of NJ. A.
Mead &. Co. of Topeka, Kas entered
upon the performance of said contract
and continued in the performance
thereof to sell said watches to the en-
ployes of said company along all of its
said company wholly abandoned, Vio-
lated and nullified said contract, and
through its said watch and clock in
spector, H. s. Montgomery, required all
of the local watch and clock inspectors
of said road through whom according
to the terms of said contract the pialn-
tiff had made sales to the said employees
of said Watches to return to the said
Frank s. Thomas as such NJ. A. Mead
6s Co. all unSold watches and all litera-
ture and printed matter, and to cease
to act for the said plaintiff In the saie
of said watches to the employees of saia
company, on pain of being discharge
from the service Of said road as local
watch and clock inspectors, which or
der was obeyed by the said local watch
and clock inspectors of said road, thus
multiplying entirely said contract and de-
stroying the right Of plaintiff thereun-
der.
s1That at the time Of said violation and
breach of said contract by said defend