Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1909-01-22
SUIT ron $4,000 DAMAGES.
John Tudor Of stamford claims That
Loss was Caused Through Breaking
Of Lumber Contract.

John Tudor Of stamford claims That
Loss was Caused Through Breaking
Of Lumber Contract.
A creditors bill in chancery seeking to
recover damages in the sum Of $4,000
was brought Monday by John Tudor of
Stamford, VT, a prosperous mill owner
and lumberman, against Livingston Cush-
ing of Boston, owner of extensive tracts
Of timber in southern Vermont and else
where through the law office OF Chase
e. Daley of Brattleboro.
The orator claims that on Nov 10, 1902,
the late Fremont II. Wright of Newton,
Mass, was the owner Of 1900 acres OF
cumberland in Woodford, known as the
Park lands" and that he entered into
a contract to sell to Mr.. Tudor the
spruce and balsam timber on that land,
estimated to be 20,O00,0O0 feet, at $3.50
a thousand feet and to deliver the tim
Der at the rate Of not less than 1900 900
feet a year and not more than 2,500000
feet a year at mill which Mr. Tudor
was to erect on Red brook, near the high
way between Wilmington and Somerset.
Mr. Tudor claims that he built and
equipped a mill at a cost of about $l5,-
900 and that after about 100000 feet of
timber had been delivered the market
price of timber suddenly went up to
from S12 to SIS thousand which made
his contract of much greater value than
before. He claims that instead of carry
ing out the contract Mr.. Wright sold the
property to Livingston Cushing of Boston
and then bought the Peck timberlands in
Somerset and Stratton at purchase
price of $175 900.
Mr.. Tudor brought suit on his contract
and attached the Peck property He
claims that after the attachment Mr..
Wright decided the Peck lands to Mr.
Cushing, that the suit went to judgment
by default in favor of Mr.. Tudor against
Mr. Wright and that Mr.. Wright agreed
to pay Mr.. Tudor $17500 in settlement
of damages that amount including the
value of a certain piece OF land which
Mr.. Tudor was to transfer to Mr.. Wright.
Mr.. Tudor further claims that the agree
ment of settlement was assumed by Mr..
| Gushing and that the latter furnished
| $500 which Mr.. Wright paid Mr.N Tudor
as the first payment, also that later Mr..
Gushing verbally promised Mr.. Tudor
| that he would settle for the damages and
| loss on the contract. Mr.! Wright died in
| 1906, and the damages under the judg-
ment against him had not been assessed.
/ it is claimed, so they could not be col
| lected in court at law. The orator
| claims that Mr.. Cushing, although prom
| Using to settle and pay Mr.. Tudor's dam
| ages under his contract regarding the
| Park lands, has refused to do so and
| that as no administration ever has been
taken out on Mr.. Wrights estate in Yer
mont the only remedy is by a creditors
bill in chancery to compel Mr.. Gushing
| to account.
An injunction, granted. by Chancellor
Alfred A. Hall of ST. Alhans, has been
| served upon Town Clerk Fred V. Johnson
of Somerset, restraining him from re-
ceiving for record or recording any deeds,
mortgages or other papers affecting the
| title to the property attached and en-
| joining Mr.. Cushing from making any
deeds, mortgages or other papers affect
| ing the title during the tendency of the
suit, also from cutting, selling or re-
moving the timber or committing
waste on the premises until further order
of court. The suit is set for trial at the
June term of the Bennington county
court at Manchester.