El Paso herald. (El Paso, Tex.) 1901-1931, 1916-11-25
Legal Notices.

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THE STATE OF TEXAS. IN The JUS
TICE COURT. PRECINCT No one NJ
MEMBER TERM, A. D.. 1915
To the Sheriff br any Constaoie Oh Il
Paso COMMUNICATING -
YOU ARE HEREBY COMMANDED, Ihat
BY making publication Of this Cltalloh -
some newspaper published IN the COunSy -
~ Psso II there be a newspaper puDlisneu
in said County, tbut If not then IN me n1si
est County where q newspaper IS puol4sliesI I5
once in each week for TOUR successive 49,
previous to the return day nereoI- you SUI.
mon Clyde F. Holmes who IS a hon-Ies--
dent Of the State Of Texas 10 De anu apP-@-
before the Justice Court. Precinct No l. a.
the regular term thereof. TO be hoiceh N
nd Tor Precinct No l in the county OF
II Paso At the Court House thereof IN =
Paso on the sth Monday IN NoVefnper. lsAo'
the same being the 24tn day OF NoNeILipe4'
1916. File number being 5-o4, then ana lheIc
TO answer the Petition ana SUIT OF 11ei 40
News company filed IN said Court on ne
10th day OF November A D. 1872 asa.4-st
the said Clyde F Holmes ana aiieslus -.
substance as follows and a brief Statement
of the cause Of action Of said Herald news
company being as follows, to-Wit;
That plaintiff Herald News company is
and at all times herein mentioned was Z
corporation duly organized under the avs
Of Texas. and is and was at sucn tllies IL
owner Of and engaged IN publishing al -
paso Texas. a newspaper known as the u
Paso Herald; that on or ABOUT so i uaIs =
1914 plaintiff and defendant NlSoe r
Holmes. entered into written contract
duly executed by said parties. dated tepIu-
AIRY l. 1914. by the terms OF wnlch sdlu ue-
PENDANT agreed TO use and authorized PLAIN
tiff TO publish in said Fl Paso Herald Nllhill
enc year from February i. 1915, -0v9 INES "a
I reader advertising and agreed TO pay PLAIN
tiff for same at the rate Of ~ cents Per
line and agreed to pay platntift % Genus
2 Der inch Tor display advertising used oy nliii
TO March 1. 1914 and % cents per lucH
Z after March !. 1914 for such display aoNet-
/ Using. provided 1000 lines OF reader aGFer-
Using were used By him. ana II -vvu III
I Of reader advertising were not useu by MN
I he agreed 20 pay go cents per inch 70 March
/ 1914 and a. cents per inch after Aarch L.
B advertising.
case he did not use such zouv lines y
reader advertising. within one year from the
} date Of such contract. he agreed therein 10
nav for the actual reader space used py MN
3 al the REGULAR rate for such space PROVIDE
in the rate card Of plaintlII ior al = 'i IS
I for 1919. that defendant used onlg 80 IN
! Of reader advertising under SAID CONTRACT :
/ and The price therefor by said rate cara o.
! 1919 IS j. cents per line lnat ACCORDING 70
, said written contract the defendant became
/ hound and liable TO pay pialntiu TOT sal'l
/ - lines Of reader advertising at the rate OF
! l. cents per line OF the sum Of SllS-55' that
! defendant used 80 inches Of display adFertls-
! ing prior TO March 1, 1919. ana used al
I inches Of display advertising aIter @ereh /,
1919. under said contract Out ulo hot -
I more than 751 lines Of reader advertising
( during the period FOR which said contrast
Z was in effect: that according 10 the terms
Z Of said contract defendant became and was
3 liable to pay plaintiff fo- said display adFef-
{ Using at the rate Of so cents per men Tor
1 an - same used by defendant prior %
March l. 1914. and 20 cents per inch for a.
| Of same used by defendant after March J.
4
defendant became liable TO pay plalnllli
see75S. making a total due plaintiff under
| and bv virtue OF said contract fo- all OF
| enc Sails. that defendant has paid plain
| TIFF thereon the sum OF Se5l11; that there
] Is due plaintiff thereon a balance OF Ses-s-
| which is past due and unpaid and defend
! ant has refused to pay same. which written
/ contact. marked Exhibit A.. IS filed II
said court in said cause.
+ That on or about April II. 1914, and from
, said date 10 and including April 2sth. 1915
! plaintiff At the special Instance and request
. OF defendant. published in said Z! Pas
| Herald at The several times specified Do
I the account filed in said court in said cause
! marked Exhibit 81. the advertising In SAID
! account mentioned. in consideration whereof
I defendant promised 10 pay plaintiff foi
! each item thereof set forth in said ac-
, count on the first day Of each and ever
9 month following the date Of each OF sa4f
, items the several sums charged therefor y
! said account specified. and so much as tn
z same was reasonably worth -hat the SAM
I was reasonably worth the several sum
I CHARGED therefor as set forth IN said &C
Z count amounting to S20452; that defendan
: has paid thereon the sum Of $4,000. anf
| there is still unpaid thereon balance q
] S5S-3e which is past due and unpaid. an
/ defendant has refused TO pay same. an,