The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1911-05-10
'GOMPs Amt FOR RELIEF.

The SIAIE OE SOU IL NAISoA1Na
. COUNTY OF LEXINGTON.
Coz rt of Common Pleas.
Batesburg Cotton Oil Company, Plff.,
against
German Kali Works, Oeft.
COMPLAINT FOR RELIEF.
.Th. plaiLtiff complaining Of the de-
fe,dan5 al!eges:
For First Cause Of Action.
/. That the plaintiff is ard was at
the times hereinafter mentioned
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 leSa! capacity
to contract and be contracted with
and to sue and be sued.
9. The plaintiff is informed, believes
and alleges that the defendant il a
foreign corporation, and was at the
times hereinafter mentioned, duly or
eaEized undsr 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.
8. 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, 30 per
cent. actual potash at $3.50 per ton
of 2, 600 pounds, 100 tons bagged kainit,
12 Der cent. actual potash, at $8.75 per
ton of 2, 900 pounds, and 300 tons bulk
kainit, 12 per cent. actual potash, at
s7.75 per ton of 1000 pounds. Said
fertilizers were to be shipped as fol-
lows: Bulk kainit and muriate Of pot
ash at once, bagged kainit one halt 1st
February and one half 1st March, 1911; !;
all OF which said fertilizers were to be
shipped 'sight draft attached to bill
Of fading." That therefore plaintiff
had to pay said drafts before said fer.
tilizers could be secured, for use after
shipment.
L. That on-dixers:days during the
month OF February the defendant pur-
suant to said contract shipped to the
plaintiff Two Hundred, Seventy and
Nine-tenths (27O.9) tons of bulk kainit
representing the same to be Three
Hundred tons and drew drafts on the
plaintiff for the amount necessary to
nav for the said Three Hundred tons,
thereby then and there collecting Of
the plaintiff The Sum of Two Hun
dren, twenty-five and $500 Dollars
in excess Of the amount the defendant
was justly entitled to receive from the
plaintiff in payment for said fertilizers.
S. That the plaintiff is informed,
believes and alleges that the defendant
pursuant to said contract aforesaid
shipped to the plaintiff what purported
to be One Hundred tons of bagge d
ka:nit, during the months of February
and March, and drew On the plaintiff
drafts for amounts sufficient to pay for
the said amount of One hundred tons
of bagged kainit, which said drafts
were'paid to the defendant by the
plainUiff, when as a 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 75-100
Dollars more than was justly due the
said defendant by the plaiffliff.
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 terti-
lizers shipped by them to the plaintiff
from Savannah, city in the State Ct
Georgia, thereby then and there r. :
ouiring and causing the plaintiff to
pay Forty-two and 50-1OO Dollars eS-
cess freight charges, and this amount
is now Justly due the plaintiff by the
defendant.
Z. That by reason of the aforesaid
the defendant is Justly indebted to the
plaintiff in the full and just sum Ct
Three Hundred, Eighty-one and II,
100 Dollars, and said sum Is now pa t
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 a Second Cause of Action.
l. That the plaintiff Is a corpora
tion duly organized under and by vir.
tue OF the laws OF the STAT, of South
Carolina, with It's pril.cis al place OF
business at Batesburg, IN the county
and State aforesaid, al,u 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 a foreign corpo-
ration and was at the times herein
after mentioned, duly organized aad
existing under Lne 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 has prop
erty in the county and State aforesaid.
8. That on the 10Th day of January,
A. D., 1911, the defendant contracted
l - - L.. nd