Daily capital journal. (Salem, Oregon) 1903-1919, 1919-06-16
PHl COMPANY CASE
UNDER ADJUSTMENT
Injunction Sought Against
Salem Fruit Union Is
Hanging FIRE.

Judge George G. Bingham aud Judge
Perey r. Kelly have taken under ad-
visemeat the petition Of the Phez
company, askinga temporary as well
as permanent injunction sgainst the
Salem Fruit Union whereby the union
and its stockholders are to be eom.
PEELED to deliver 1900 tons Of logan
berries this year IS well as for 1920
and 1921 at three cents a pound. per
the original contract catered into in
1el7.
when the ease eame up for trial
Saturday afternoon, Judge Bingham
ruled that the reply Of the Salem Fruit
company should be in the form Of an
affidavit by Robert c. Paulus, presi.
dent of the Salem Fruit union.
IN this affidavit, MI Paums swears
that the old original 1917 contract,
whereby the loganberry price was three
cents a pound, was abandoned between
the Salem Fruit union aud the North
West Fruit Products company in 1918.
In the early part of 1918, afr. Paalus
sWears, it was orally agreed between
the officers of the two companies that
new agreement should be entered
into, shifting the position Of the Salem
Fruit union from that Of principal to
that of agent for its growers only, and
changing the price and place of deliy-
ery and sundry other changes in the
otiginal contract Of three cents a
pound.
III conformity with this oral agree
ment, Mr.. Paulus swears that a new
contract wos formulated with the grow
efs to which SS per cent affixed their
Signatures. That thereafter, the price
OF loganberries was TO be S7l.50 a ton
from the union to the Northwest Fruit
Products company BY the union acting
as agent for the growers.
He states that later in the 1918
season the Salem Fruit Union and
Northwest Fruit Products company
were unable to agree as to q definite
contract with the result that the con
tract was not signed.
Mr.. Paulus positively swears that,
sthere does not now exist any con
tact between the Union and the Phez
company for the crop Of the present
year nor Tor any tutare year.
1t is alleged that the Phez company
has not at any time since the delivery
Of the 1918 crop, until the commence
ment Of the present suit insisted that
the old three cent contract was in
farce.
In reply to the damage tha. might
accrue to the Phez company If the
Salem Fruit Union did not deliver it
1900 tons of logans this year, Mr..
Paulus skanes that the UntJn only
controls l3 per cent Of the total acre
age of loganberries in the Willamette
Valley aud that the Phez company can.
pgbteet itself by going into the open
market.
It is further stated in the affidavit
that the present price of loganperries
is from s to S1s cents pound and
that basedao this figure there would
Be less Of s204.O0 should the court
prevent by injunction tne sale Of the
berries on the open market.
In reply to the affidavit Of Mr.. Paul
us, there is filed the affiisavit of
X s. Gle, president Of the Phez com.
pany He swears that he has lust
read the affidavit of Mr.. Paulus, and
that each and every allegation con
tained IN the affidavit is untrue, in
ofar as they are in conflict with the
allegations contained in the original
complaint Of the Phez company,
"