Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-07-10
.FAYETTE GROWER
SUED BY POOL
Garrett Watts Charged With
Violating Contract to Deliver
$4,000 Pounds-$3,5OO Asked

! Burley Tobacco Growers Coop
erative Association late Satur-
day afternoon took the first step
to enforce its marketing agree
ment and contract With its mem
bers when it served papers in a
| suit against Garrett Watts, veal
thy Fayette county farmer, al
leging that he violated his con-
tract.
1t is charged that he failed to
deliver to it under that contract
more than 10000 pounds Of to-
bacco and that he delivered only
$3.50 pounds to the association.
Damages i'll the sum of $500
and attorneys fees of $1,000 ad-
ditional are asked, both damages
and fees being provided for by
! the contract itself.
Mr.. Watts had been to the
races at Latonia Saturday and
was ON his way back home when
d deputy sheriff boarded the train
at Paris and served the papers
in the suit, which was filed Sat
urday in the Bourbon circuit
court, the associations attorneys
] being Franklin, Talbot and
j Chapman, of Lexington and Pa
I ris, and Worhtington, Browning
and Reed, Maysville. Just why
the papers were served in Bour-
bn county or why the suit is filed
in that county was not made
| clear Saturday night.
The petition recites the details
! OF the organization Of the hurley
association, the provision in the
contract that growers who may
violate it shall pay cents a
pound as liquidated damages, as
we'll as all costs and attorneys
fees, and then goes on to say
that Mr.. Watts pledged $4,000
pounds of tobacco, the product
of Is acres of land owned bv
him; that he delivered to the as
sociation only $3.50 pounds; that
the association went to the ex-
pense Of acquiring warehouses
to receive the crop of Mr.. Watts
and the other members of the
association, employed graders
and inspectors to standardize the
grades of hurley tobacco, and
provided for the handling. curing
and shipping of all tobacco en-
trusted to the plaintiff associa-
ton by its members.
The petition further states due
notice of the formation of the
association was given Mr.. Watts
and all other members Of the as
sociation and that Mr.. Watts
though able to do so. failed and
refused to deliver to the plaintiff
association or to any warehouse
or plant controlled by the asso-
citation, or at all, any of the to-
baccO embraced ill defendants
agreement and application for
membership"
The palntiff states that by rea-
son of the defendants breach of
said contract and failure to de-
liver to plaintiff not less than
10000 pounds of the tobacco en-
braced in said agreement and
application for membership. the
defendant becomes indebted to
plaintiff Ill the agreed and stipu-
lated sum Of 5 cents per pound
thereon, aggregating $500, no
port of which has been paid
plaintiff states that $1,000 is a
reasonable attorneys fee for the
plaintiffs attorneys for the pros
ecution of this action and that
by the terms Of said agreement
defendant understood and agreed
to pay the same, no part of which
has been paid.
When the train on which Mr..
Watts was coming from Latonia
at Paris it was boarded
by Assistant Counsel Virgil Chap
man, of the hurley association,
Clyde F.. Buckley. a member.
and Deputy Sheriff James Glib
son. When they came to Mr..
Watts seat in the car, AIr. Buck :
ley said pleasantly; Good even
ing, Mr. Watts" and the deputy
sheriff. who did not know Mr..
Watts, promptly served the pa
perS in the case, the petition
having been filed previously with
Circuit Clerk Webb, of the Bour-
bon circuit court.
The suit, the first of the kind
filed since the organization Of
the hurley association, is most
to that organization,
for its success or failure will
show either it has or has not the
power to enforce its contracts
BY the punishment of those who
may violate them.