The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1911-05-17
COMPLAINT FOR RELIEF.
THE STATE OF SOUTH CAROLINA
COUNTY OF LEXINGTON. I
Cnn,t Of Cnna mon Pleas

Count of Common Pleas.
Batesburg Cotton Oil Company, Plff.,
against
German Kali Works, Deft.
COMPLAINT FOR RELIEF.
Tha plaintiff com planning of the de-
fendant alleges:
For First Cause of Action.
l. That the plaintiff is and was at
the times hereinafter mentioned a
corporation duly organized
under the laws of the State
of South Carolina, with its principal
place of business in the county and
state aforesaid and with legal capacity
to contract and be contracted with
and to sue and be sued.
2. The plaintiff is informed, believes
and alleges that the defendant is
foreign corporation, and was at the
times hereinafter m entioned, duly or
eanized under the laws OF the State of
New York with legal capacity to con-
tract and be contracted with and to sue
and be sued; and that it now has
property in the county and state afore-
said.
3. That on the 10Th of January,
1911, the defendant contracted with
the plaintiff to sell and ship 10 plain
tiff certain fertilizers, TO wit: 10 tons
of bagged mutilated potash, 80 per
cent. actual potash at $3.50 per ton
of 1900 pounds, 100 tons bagged kainit,
- Der cent. actual potash, at 1915 per
ton of 2 900 pounds, and 500 tons bulk
kainit, II per cent. actual potash, at
S7.75 per tou of 1900 pounds. Said
fertilizers were to be shipped as fol-
lows: Bulk kainit and muriate of pot
ash at once, ba5ged kainit one halt 1st
February and one half lst March, 1911;
all of which said fertilizers We're to be
shipped "sight draft attached to bill
of ladng." That therefore plaintiff
had to pay SAID drafts before sai id fer
ti!izers could be secured, for use after
shipment.
4. That On divers days during the
month Of February the defendant rur-
sua1t to said contract shipped 10 the
plaintiff Two Hundred, Seventy and
Nine-tcnjhs (27O.9) tons OF bulk kailtit
representing the same to be Three
Hundred tons and drew drafts On the
plaintiff fer the amount necessary to
pay for the said Three Hundred tons,
thereby then and there collecting Of
the plaintiff The Sum Of Two Hun
dren, twenty-five and 531O0 Dollars
in excess Of the amount the defendant
was Justly entitled to receive from the
plaintiff in psymant for said fertilizers.
5. That the plaintiff is informed.
believes and alleges that the defendant
pursuant to said contract aforesaid
shipped to the plaintiff whatpurported
to be One Hundred tons of bagged
kainit, during the months of February
and March. and drew on the plaintiff
drafts for amounts sufficient to pay for
the said amount CT One hundred tons
of bagged kainit, which said drafts
were paid to the defendant by the
plaintiff, when as matter of fact said
shipments contained only Eighty-seven
actual tons, thereby then and there
receiving and collecting from the plain
tiff One Hundred, Thirteen and 75-10o
Dollars more than was justly due the
said defendant by the plaifftiff.
6. That in accordance with the con-
tract aforesaid the defendant Was to
ship all said fertilizers from the City
of Charleston in the state aforesaid
and upon their failure to do so were
to paw to the plaintiff the difference in
the charges when the charges were
greater from the point shipped from
than from Charleston aforesaid; That
the defendant shipped all the ferti-
lizers shipped by them to the plaintiff
from Savannah, city in the State Ct
Georgia, thereby then and there re.
curing and causing the plaintiff to
pay Forty-two and 5o-1OO Dollars e1-
cess freight charges, and this amount
is now justly due the plaintiff by the
defendant.
7. That by reason of the aforesaid
the defendant is justly indebted to the
plaintiff in the full and just sum Of
Three Hundred, Eighty-one and II.
100 Dollars, and said sum is now past
due and owing by the defendant to the
plaintiff.
Wherefore the plaintiff demands
Judgment against the defendant for
the sum of Three Hundred, Eighty.
one and 77.100 Dollars and the cost of
this action.
For Second Cause of Action.
l. That the plaintiff Is a corpora
ton duly organized under and by vir-
tue Of the laws of the State of South
Carolina, with its principal place of
business at Batesburg, in the county
and State aforesaid, and has legal ca
pacity to contract and he contracted
with and to sue and be sued.
2. That, upon information and be-
lief, the defendant is foreign corDo-
ration and was at the times herein
after mentioned, duly organized and
existing under the laws of the State OF
New York with legal capacity to con-
tract and be contracted with and to
sue and De sued. and it now mas prop
erty in the county and State aforesaid.
g. that On the 10Th day of January,
A. D., 1911. the defendant contracted
by and with the plaintiff to sell md
snip to the plaintiff 800 tons bulk
kainit - per cent. actual potash at a
price Of S7.75 per ton Of 1900 pounds
at once. That in violation Of said
contract said keinit was not shipped
by the defendant to the plaintiff until
on Or about the fifteenth of February,
1911, and some not at all; and the