The Mena weekly star., 1921-08-04
IA. H. SCOCC|N SUED FOR BIG DAMAGES
I. A. Allen, Lumber and Mill Man, Alleges Evasion of Contract in Big Lumber and Mill Deai--in Cir
 cult Court in October.

T, A. Allen, Mena lumber and mill man. has brought suit for damages from A. H. Scoggin, former Mena resident, but now of Fort smith, charging that contract has not been lived up to by the defendant. Dam ages of more than $15,000, with in- terest, were asked by Mir. Allen.
 Back of the suit. which will De heard at the October term of circuit court, is story of big deal in lumber, in which Scoggin is charged with sharp practices and evasion of a contract agreement, the real meaning of which may depend upon one word. The word is possible" and it's true definition and meaning will play an important part in the case when it is heard in the coming term of court.
 According to the plaintiffs bill of complaint, which has been filed in the office of Circuit Clerk w. L. Parker, Mir. Allen, thru his attorneys, Nor wood & Alley, states that on February 1 z, 1920, a contract was made whereby ne bought from Scoggin certain mills,
 machinery, wagons, equipment, etc., and that Scoggin in turn bought from him 100000 feet of lumber to be delivered under the following terms:
 100000 feet now in yard at Potter, to be shipped as soon as possible.
 "500,0U0 feet now at saw mills to be hauled in and shipped as soon as possible.
 "500,000 feet more of logs at sever- al mills, to be manufactured into lum- Der and hauled to Potter as soon as possible"
 The property bought by Mir. Allen from Scoggin included the planer and sawmill at Potter, several country sawmills, auto trucks, and a miscel- laneous lot of the usual logging and sawmill equipment. The agreed price for the property was $25,000, and to meet this indebtedness Scoggin was l to accept lumber from Allen under certain agreed terms.
 It was agreed, the bill of complaint states, that on the first 100000 feet of | lumber shipped, Mir. Allen was to | indebtedness for the full amount at $50 per thousand. On the first 5O0,0OO feet Allen was to draw $15 per thou sand and get credit for $30 per thou sand, plus one-haf the difference be- | tween $50 and the price the lumber actually sold for, less Scoggin's com- mission for selling. On the second in-
 stallment of 500,000 feet Mir. Allen
 was to draw S22.50 per thousand and get credit for $30 plus the one-halt
 difference between $50 and the ac- tual selling price. Should there be
 any balance due Scoggin after the
 contract had been complied with, the
 balance was to be due and payable September l, 1921.
 The bill states that the plaintiff complied with the contract and that 1 tke defendant Scoggin was willing to
 receive the lumber until prices began
 to decline, when he then refused te J accept any more. It is charged thai 1 defendant received and accepted twelve cars of lumber up to April 15
 and only afterward The bill re- l cites the number of feet actually 1 shipped and accepted at the different l prices in the contract, but alleges that Mir. Allen did not receive a full accounting on that portion wherein he was to receive a share in the diff | ference between the contract price and the selling price. The bill states l that Scoggin reported Aliens share to be S276.45 on the amount sold, but the plaintiff claims it is at least $2.000.
 When Scoggin refused to accept any l nore lumber from Mir. Allen, the plain tiff sold 100000 feet at best price obtainable and received s1 400 less than the contract price. MT. Aller still has on hand 100000 feet of lum. her he manufactured for the plaintiff in addition to large amount of un- cut logs, on which a loss of $5 pei +houSand ;e charped