Crittenden record-press. [volume] (Marion, Ky.) 1909-191?, 1910-09-08


tobacco sold and purchased under
this contract are fixed and agreed
to upon the condition that if the
condition of the market for to-
bacco shall be so changed as to
convince the purchasers under
this contract that they can af-
ford to pay greater price for
tobacco of any grade named and
purchased in this contract, they
agree to pay back such increase
price to the Stemming District
Tobacco Association for the to-
bacco of such grade named here
in. IL the person named in the
sale contract shall, directly or
indirectly. purchase of any other
association. corporation or per-
son any tobacco of any grade or
grades named herein within the
territory known as the Stem
ming District within six months
after this date, for a greater
price than s-erein named for the
same grade or quality, il shall
be conclusive evidence that the
price Of tobacco in the market
has 50 increased and the pur.
chaser herein named agrees 70
pay the Stemming District To.
bacco Association such increase
price for all similar grades here.
in named"
THE HUSTLER'S COMMENT
The Hustler, commenting or
the above resolution, says:
The resolution, II adopted
by the District Board, will put 1
neW and rather interesting plas,
on the tobacco problem" Con
tinuing the Hustler comments a.
follows
We believe the purchaser,
will mo- obses1 seriously to thii
clause because it is reasonable
Whether the change in the
market price of tobacco within
the six months shall Justify hin
an paying increase price is /;
matter left TO his discretion.
The contract is legal, we be
lieve for the reason it in no way
restricts trade. No one car
deny that the Association ha.
the right 10 reserve to itself any
increase Of price the market ma,
Justify within a period of time
Certainly il cannot be agains
public policy. either, for the AS
ISOLATION TO trust the matter o.
increase to the discretion of tn,
buyer. The Association is salts
fled evidently that the buyer car
definitely settle the question Of
increase price in favor of tn,
Association by directly or indi
rectly purchasing tobacco of the
same grade or quality of any
other person, association or cor
poration within the district at ar
increased price. This. we sup,
pose, is the meat in the cocoanut
though we have no right, prob,
ably. to give stress to one portion
of the clause over another; but il
certainly puts a stop to the pur-
chasers under this contract buy.
ing the same grades of tobacco
in this district at any greater
price than that paid the associa.
ton. II is said, likely, that the
purchaser of several million
pounds of tobacco from the AS
ISOLATION will be so anxious to
purchase more tobacco that he
will give an increased price to
any person out of the pool for
even one pound when it will raise
the price on that grade for the
entire amount purchased of the
Association. He may purchase
Of those who are out of the pool,
but he will likely be very par
ticular that he does not give any
greater price than that paid the
Association. Where the penalty
is so great il is quite likely the
purchaser will want no question
about this and see to it that there
is no room for dispute by making
his prices to non-poolers certainly