The herald., 1911-02-09
Aleerin es at Law.

The petition of DR.. Charles V. Kraft,
resident of this parish, and owner and
proprietor of The Herald with re-
spect represents:
That on the 14th day of October,
1909. he entered into contract for ad-
yertising with Lucius c. Spencer, also
residing in this city, for five years
from said date, the whole as will more
fully appear by reference to a copy
of said contract annexed hereto and
made part hereof.
That petitioner has complied with
the terms of said contract in every re-
spect and particular, and continues so
to do. That by the terms of said con-
tract, petitioner, in return for consld-
Grafton therein set forth, was to re
ceive from said L. c. Spencer, fifty
per cent of the gross amounts paid
for tuition in Spencer's Business Col
lege, by all students entering from the
Fifth District of New Orleans, known
as Algiers, McDonoghville and Goulds-
boro. a portion of jefferson Parish.
That the said defendant, at various
times paid plaintiff small sums on ac-
count of said contract, but the books
and accounts were and have always
been, in the hand and under the con-
trol of said defendant, and plaintiff
has no means of knowing how much
he should receive from said Spencer,
and he is entitled to an accounting
from said Spencer and Spencer's Bust
ness College of all the amounts re-
ceived for tuition from said students
and to be paid his share of same.
That on the 14th of January, 1911,
he demanded an accounting from said
| Spencer;
That petitioner believes and charges
that said Spencer is indebted unto
| him in a sum much larger than that
paid him by said Spencer; which he
is entitled to learn from said account
| ing, and to demand and receive the
full amount from said Spencer, sub
ject to payments on account.
That at the usual rates he has al
ready furnished TO the said Spencer's
Business College, advertising to the
extent of seven hundred and twenty
1t. a IAlI 10 nf
said contract to him is not less than
| the sum of twenty-five hundred dol
lars, more or the total sum of three
thousand two hundred and twenty
six $500 dollars and he is entitled
| to recover this sum, should the said
defendant fail or refuse to furnish
said accounting.
Wherefore, your petitioner prays
that Lucius c. Spencer be duly cited
to appear and answer the demands of
this petition; that the said Lucius c,
Spencer be ordered to furnish an &C
counting of all the students entering
said Spencer's Business College from
the Fifth District of New Orleans,
known as Algiers, McDonoghville and
Gouldsboro, in Jefferson Parish, of the
amount of their tuition, length of time,
amounts paid by them and received
by said Spencer, and petitioner prays
for judgment in his favor and against
said Lucius c. Spencer for an amount
equal to fifty per cent of all the
amounts so received by said Spencer
And petitioner prays that should
said l.. c. Spencer, fail or be unable
to render said account, through his
own negligence in keeping books OF
otherwise. then in the alternative, pc.
tiiioner, DR.. Charles V. Kraft, have
and recover judgment in his favor
and against said Lucius C. Spencer for
the full sum of three thousand two
hundred and twenty-siX $500 dollars
with interest from demand, and all
costs of suit.
Petitioner further prays for all geiI
eral and equitable relief.
ROBT. O'CONNOR,
Attorney for Petitioner.