El Paso herald. (El Paso, Tex.) 1901-1931, 1916-12-02

THE STATE OF TEXAS. IN THE JUS
TICE COURT. PRECINCT No ONE No
VENEER TERN A. D.. 1915
To the Sheriff or any Constable OF 4
Paso County-liTee-lls
by making publication Of this Citation in
some newspaper published IN the County OF
FL Paso. II there he newspaper published
In said County tbut II not then IN the near
est County where newspaper is publlshedl.
Cnce in each week for four successive weeks
previous 10 the return day hereof you sum
mon clyde r. Holmes. who is a non-res!-
dent OF the State Of Texas. TO be and appear
before the Justice Court. Precinct No. /. at
the regular term thereof. to be holden in
and for Precinct No in the county OF
Il Paso. at the Court House thereof. in e
Paso. the 9Th Monday in November. 1915.
the same being the -7tl day OF November.
1916 File number being 5-04. then and there
10 answer the Petition and suit Of Herald
News company Iiled ~ said Court on the
10th day OF Novemhe-. A. D. 1916 against
the said Clyde F. Holmes. and alleging in
substance as follows. and a brief statement
Of -he 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 =
corporation duly organized under the laws
Of Texas and IS and was at such times the
owner Of and engaged in publishing at Fl
faso. Texas a newspaper known as the Il
PasO Herald, that on or about February /,
1914. plaintiff and defendant Clyde F.
Holmes. entered into q written contract.
duly executed by sasd parties. dated Febru-
AIRY I. 1914. by the -erms Of which said de-
PENDANT agreed 10 use and authorized plain
che year from February 1. 1914. 1000 lines OF
reader advertising and agreed to pay plain
tiff for same at the rate Of 10 cents Per
me- ma agreed To pay plalntttf 90 cents
per inch for display advertising used by him
10 March ]. 1914 and g. cents per inch
after March ]. 1914. for such display adver-
Using provided COCO lines OF reader sdver-
Using were used by HIM. and II 1000 lines
Of reader advertising were not used by him
he agreed 10 pay 90 cents per inch 20 March
J. 1913. and . cents per inch after March 1.
1914 for such display advertising. and in
case he did not use such -0Go lines u
ieeoer acFerlls-nS- within one ear from the
date OF such contract. he agreed therein 20
pay for the actual reader space used by him
at the regular rate for such space provided
in the rate card Of plaintiff for advertising
for 1919; that defendant used only 757 lines
Of reader advertising under said contract
and the price therefor BY said rate card OK
1914 is j. cents per line. that according 10
said written contract the defendant became
bound and liable to pay plaintiff for said
80 hhes OF reader advertising az the rate OF
10 cents per line or the sum OF s113-5,. that
defendant used 80 inches OF display advertis-
Ing prior 10 March l. 1914. and used 81
inches OF display advertising after March I.
1913 under said contract. but did not use
more than 90 lines Of reader advertising
during the period FOR which said contract
was in effect, that according 20 the terms
Of said contract defendant became and was
liable TO pay plaintiff fo- said display adver-
Using at the rate OF 90 cents per inch for
all % same used by defendant prior
March 1. 1919, and - cents Per inch for all
Of same used by defendant after March I.
1914. FOR an Of which display advertising
defendant became liable TO pay plaintiff
S--15S. making total due plaintiff under
and by virtue OF said contract fo- all OF
same. SS4115; rhat defendant has paid plain
tiff thereon the sum of S=511s. that there
is due plaintiff thereon a balance 81 SS9-S5
which is past due and unpaid and defend
ant has refused TO pay same which written
contract. marked Exhibit A. Is filed IN
said court IN said cause
That on or about April Il. 1914. and from
said date TO and including April 2Sth 1878.
plaintiff at the special instance and request
OF defendant. published in said e Paso
Herald. at the several times specified IN
the account filed In said court IN said cause.
marked Exhibit b.. the advertising in said
account mentioned. in consideration whereof
defendant promised 10 pay plaintiff for
each item thereof as set forth in said ac-
count the first day o. each and every
month follow In the date OF each OF said
items. the several sums charged therefor N
same was reasonably worth. that the same
was reasonably worth the several sums
charged therefor set forth in said ac-
count amounting 10 S-ui-S-. that defendant
Z has paid thereon the sum Of $4,000. and
there is still unpaid thereon balance *
80 which Is past due and unpaid. and
| defendant has refused to pay same. and
plaintiff prays Judgment against defendant
for the sums Of SSg-sf and S5S-S-- aegregat-
| in the total sum Of Slfs-.s and costs OF
suit
HEREIN FAIL NOT but have YOU then
I and there before said Court this Writ. with
l your return thereon. showing how you have
executed the same
WITNESS. Jas. J. Murphy. Justice or the
Peace. Precinct No. one III Pas0 County
I Given under my hand in Fl Paso this
/ the 10th day OK Noyem6er; 4 D., 1916
Justice Of the Peace. Precinct No One.
El Paso County. Texas
| No 52ef-Herald News Company vs.
| clyde F. Holmes Citation by Publication
| issued on the 10th DAY OF November A D..
1 1916. Jas. !. Murphy. J Of r Precinct No.
1 enc FL Paso County