Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-06-12
ICE COMPANIES
At LOCCERHEADS
Abandonment of Contract and
Conversion of Partnership
Property Alleged, Damages
Being Set at $45,0OO-Defend-
ants Claim Broken Contract

| The Consumers Ice & Coal company of
which A. o. Ferguson is the principal
stockholders, has brought bill in chan
Gerry against the Standard Coal &c Ice COM
pany, Lawrence BARLEY and Charles H.
mower. asking for an accounting and a
winding up and dissolution of a partner
snip formed January 1. 1918, for handling
ice under the firm name Of the Consoli-
dated Ice Delivery company, consisting of
three members. Mr.. Mower was not per-
sonally member. the plaintiff and the
other two defendants being the members
Inc Dill alleges an abandonment Of the
contract by the defendants and a CONVEX
sion OF the partnership property and de-
manos damages aggregating approximate
| ly S5, 900.
The Dill admits that in November, 1918,
DEFENDANTS being a majority Of the part
ners gave plaintiff notice in writing which
called upon him to perform his obligation
to the partnership or to meet with the
other partners. settle up and dissolve the
partnership. 1t discloses that Mr. Fergu-
son failed to do either. It reveals a claim
then made by the defendants that plaintiff
was treating the contract as not in effect
by his failure to contribute his proper
snare OF equipment in suitable condition to
carry on the business and his breach of
practically every one Of his undertakings
In the partnership agreement, and defend
ants claim that the plaintiffs breach OF
the contract went to the essence Of the
contract. The bill further shows that the
defendants treated the PLAINTIFFS breach
as a recision to which they assented and
gave notice Of a meeting for settle and
dissolution. The bill also shows that
, plaintiff declined to attend that meeting.
| Defendants deny any conversion Of prop
erty or msmanagement OF It. The bill
shows that they wrote the paintiff at the
time Of the RECESSION that they would pro-
tect the partnership property, employ It
to the advantage of it's owners, and ac-
count for its use whenever plaintiff was
ready for a settlement.
! Defendants claim that they have been
ready to settle with Mr.. Ferguson ever
since, out of court but have been unable
to get him to meet them for this purpose
The prayer for an accounting and dis
solution will probably be Joined in by the
defendants. Rufus f. Brown. Clarence P.
Cowles and Clarence J. Ferguson are So
! licitors for the plaintiff, while Edmund c.
Mower and Warren r. Austin are solicit
tors for the defendants.
The writ Of sequestration was served on
all property Of the former partnership ex-
cept that no writ was served on ice and
probably the public will not be put to any
| inconvenience regarding ice delivery by
the suit.
The Consumers Ice & Coal company
claims that It has fully performed every
obligation incumbent on 1t by the part
nership and that inhrmity or failure Of
operation Of the subway through which
the ice is delivered from the lake to the
ice houses was because of the bungling
operation Of the management in charge
and not the fault Of the subway nor on
account Of any failure on the part Of the
Consumers Ice & Coal company to put 1t
in proper repair at the beginning Of the
season.
The subway was in the same condition
for operation a year ago last winter when
the defendants claimee It was out Of con-
dtion that II had been when the company
was operated by r. L. Patrick for eight
years and A. o. Ferguson for two years
under the former ten year contract. and
the plaintiffs claim IL Mr.. Mower, who
succeeded to the management of the Con-
solidated company. had been possessed OF
knowledge and experience there was no
occasion for any more difficulty with the
subway operation than during the pre-
vous ten years when it had been success
fully operated. They further claim that
this subway was in perfect running con-
dition in the usual time for the harvest Of
the 1873 crop, and Is in such perfect run
ming condition to-day. and that there was
absolutely no other reason for the Stand
ard Coal e. Ice company and Mr.. BARLEY
to abrogate their contract.