The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-11-03

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million feet, be entitled to one-fourtl
of all the net profits of every kind and
character arising from said sale OF
transaction.
DUNCAN SINCLAIR,
J. c. DARNALL."
And also for specific performance
of a separate verbal agreement enter
ed into between said parties after said
written agreement was made by which
it was agreed that the said ]. G. Oar
nall should have one dollar per thou
said feet to purchase said additional
timber to make up the fifty million
feet referred to in said written agree
ment, and if he purchased the same
at less than one dollar per thousand
feet he should have the benefit of the
difference, but that If the timber cost
more than one dollar per thousand
feet, the plaintiff was to be charged
with the excess in the final settle
mental Of said additional timber
purchased by the plaintiff having cost
less than one dollar per thousand
feet.
The bill Of complain states that the
said timber property is situated in
Union district in Penileton county.
West Virginia, and refers for par
ticular description thereof ,(including
the additional timber procured by the
plaintiff to make up the fifty million
feet 10 the following deeds recorded
among the land records Of said Pen
dleton county, to.wit: Duncan Sinclair
and wife to Harry c. Trexler and A.
Gerstcll deed dated 18th day of March,
1906, recorded in Deed Book A, page
2S9.
Charles A. Hedrick and wife deed
dated April Sd, 1906, recorded in Deed
Book a., page 23S.
Scott Miller and wife deed dated
April Sd, 1906, recorded in Deed Book
Al, page 269.
Luther W. Huffman and wife deed
dated April Sd, 1906. recorded in Deed
Book A, page 81.
Solomon Huffman and wife, deed
dated April Sd, 1906, recorded in Deed
Book a, page 27S.
Jacob Kisamore and wife, deed dat
ed April Sd, 1906, recorded in Deed
Book "A, pake 275.
E. L. Judy and others deed dated
February Goth, 1906, recorded in Deed
Book a., page 2S1.
Isaac Summerheld, deed dated June
so, 1906, recorded in Deed Book A,
page 3G6 and other deed.
The names of the parties or per
sons whose estate in said property is
intended to be affected by the afore'
said suit are Duncan Sinclair, Harry
C. Trexler, A. F. Gerstell and Arnold
Sinclair.
The bill also states that If Sinclair
has sold all Of said property to the
Harry C. Trexler and A. F,
Gerstell at the price of two dollars
per thousand feet( which was the
price at which 1t was agreed between
the plaintiff and Duncan Sinclair II
should be sold) the plaintiff is en-
titled to the said sum Of $4,000, and
to one-foHrth of the net profits on
said entire transaction, but said net
profits can only be arrived at by
settlement of all of said transactions
between the plaintiff and Sinclair in
which settlement the costs Of the prop,
erty which cannot now be definitely ar
rived at as different tracts cost differ
ent prices, and the costs Of surveying
and getting each tract into marketable
shape varies, but all Of which can be
arrived at definitely by the court or
one of its commissioners And when
The first cost of said property has been
and the timber on said
has been estimated and the
number of feet thereof determined,
he net amount of profits will then
rave been arrived at, to which the
aid Darnall 1t entitled to the one.
ourth in accordance with said agree.
nent. But II said Sinclair has placed
me undivided half OF said property In
he name Of said Gerstell by virtue Of
is deed to Trexler and Gerstell, then L
Pc plaintlT has aninterest il ths one +
ndlpi ded half 81 said property 10 the