The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-25

g.,
owners of the right to supply to the
supply and delivery of natural gas by
the Kansas Natural Gas company for
period of eighteen years from and
after the 18th day of August, 1905, to
be used for supplying natural gas un-
der and in accordance with the said
ordinances numbers 2435 and 1928,
aforesaid, said right being evidenced
by written contract between said Kan
sas Natural Gas company and these
plaintiffs, bearing date the 5th day of
January, 1905.
plaintiffs further state that on. to
wit, said April Il, 1905, they were
the owners and possessed of certain
pipes, mains, services, appliances, ap-
purtenances and property in the city
of Topeka, used or intended to be used
IN connection with or as a part of the
gas system contemplated by said agree
ment dated January 5. 1905, and said
ordinances numbers 2435 and 252S.
plaintiffs further state that on. to
wit, said April H. 1905, the defend
ant, the Consumers Light, Heat and
Power company agreed to purchase
said property and the rights of these
plaintiffs under said ordinances num-
bers 2435 and 1928, and under said
agreement dated January 5, 1905. and
did agree to pay these plaintiffs there
for the sum of $4,000. of which
100000 thereof was to be paid to
these plaintiffs by the issue and deliv-
cry TO these plaintiffs of 100000 face
value of the full-paid capital stock of
said defendant, the. Consumere' Light
Heat and Power company. and the re-
naming $4,000 thereof to be paid to
these plaintiffs, at their election. in
cash or by the issue and delivery to
them of $4,000 per cent gold bonds
of said defendant, the Consumers
Light. Heat and Power company, at
par.
plaintiffs further state that there
after, towit, on May 1. 1905, these
O1ef in I11a
the defendant, the Consumers, Light,
and Power company and also delfv-
cred to the defendant, the Consumers
Light, Heat and Power company. for
NAL written transfers of said ordin-
ances numbers 24S5 and 1928 and of
said agreement, dated January 5th
1905, which property and transfers so
delivered were received and accepted
by said defendant, the Consumers
Light, Heat and Power company, and
said defendant then and there became
liable to pay and promised and agreed
to pay these plaintiffs the said sum of
S115, 900 as aforesaid, but plaintiffs
aver that though often requested to do
so, that the defendant, the Consumers
Light, Heat and Power company per-
sistently neglected and refused to is |
sue and deliver to these plaintiffs said |
shares of the capital stock of the de- !
fendant the Consumers Light. Heat !
md Power company or to pay to these !
Or to issue and deliver to them said |
per cent gold bonds or any part |
hereof. and as utterly and neglected |
md refused and still neglects and re- |
uses to pay the plaintiffs any part of i
he said agreed consideration of |
;115.0OO.
Wherefore plaintiffs pay Judgment !
against defendant for the sum of |
S115, 600 together with interest from |
md after May 1st and costs.
he
plaintiffs demand reimbursement for
aggregating $4,172.09 incur /
ed at the special instance of the de- {
endant and request of the same for
he conduct and carrying of the busi-
less prior Sept. 90, 1905. The items
ollow: To Maxwell. $12.5O to Cole,
'239.47; to McEwen. $1,439.9O; to
Thompson. s45.90; to Kerln. $1,136.-
4; expenses of trip with engineer to
Topeka and telephoning, $55.55; ex-
'enses of trip to Chicago $50; ex-
,enses of various trips to New York
'hicago and Topeka in June 1905
5O6.5O; expenses of trip to New
York in July, S1S7.35; expenses of trip
o New York extending from July 31st
o August 10th. 1905, $252; expenses
# trip to Chicago August 14th to 18th,
906. $3.50; expenses of trip to New
York and Chicago in Sept. 1905
.212.95."