White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-01-16
HAY CONTROVERSY ADJOURNED;
ATTORNEYS ATTEND LEGISLATURE

The trial of the damage suit brought
by the Ely Packing Company against
the Baker Livestock Company was com
pleted last Thursday. as far as the sub
mission OF testimony by plaintiff ond
defendant companies. after a session
lasting eight days in the district court.
Upon an agreement between Attor-
neys Charles 5. Chandler and James NJ.
Locklart. who are both members of
the legislature. the court permitted the
argument by counsel to he postponed
until after the adjournment of the leg
islature at Carson City.
A transcript of the testimony will be
made by the court reporters and delIy-
cred 10 the court and the attorneys.
when Judge Orr Will set the time Cor
the continuance and come to Elv TO
hear the arguments of counsel. after
which he Will render his decision
This case is one of the biggest dam
age suits ever tried in the district
court of White Pine county and was
strongly contested by three % the most
able attorneys in the county. the firms
of Chandler & Quayie and J. NJ. Lock
hart
Several witnesses who qualified as
experts in the livestock business were
brought to Ely by the packing com
pany. and the keen REORGANIZATION
of these witnesses by Attorney Lock
hart produced considerable testimony
in BEHALF of the defendant company.
The purpose of the testimony offered
by the Ely Packing Company was to
prove that on September 3. 1918. a con-
tract was made by John III. Eager. man
ager for the packing company and also
agent for the Adams-McGill Company.
with the Baker Livestock Company for
the purchase and sale of 2.300 tons OF
hay on the Baker ranch. The hay al
legged to be contracted for was to be
fed by the Packing company to 7e0
head of cattle throughout the winter
and the cattle were to be sold in the
spring by the packing company as hay
fed beef. Evidence was offered in All
attempt 10 show that the Baker Live
stock Company refused and neglected
to deliver more than 1.60o tons of hay.
although demand was made uron the
livestock company for the remainder
of the hay contracted for. Checks
were produced in evidence to show
that the packing company had paid
the livestock company $4,000 for s,ooo
tons of the hay and evidence was sub
mitted 10 indicate that the packing
company was ready TO pay for the re-
maining s00 tons. the amount stipu-
lated In the contract
ON February l the packing company
sold ESQ head OF the cattle being fed
on the ranch and drove them from the
feediots. March /. according 10 the eV-
idence, the packing company tecom
aprrehensive from the defendants con
duct that the amount of hay con
traetcd for might not be delivered and
took another 100 head of cattle away
from the Baker ranch. driving them To
the Cleveland ranch of the Adams Nc
Gill Company for feeding.
According to the testimony OF Mr.
Eager. manager for the packing com
pany l.6ii tons OF hay had been COM
plotely fed ont To the remaining catte
on March IS and the Baker Livestock
Company could not and would not FUR
nish the remainder OF the hay con-
iraeied for, and that in order TO imni-
mize the loss and damage 10 the cattle
CONTINUED on PAGE EIGHT)