The citizen. [volume] (Berea, Ky.) 1899-1958, 1922-07-13
FAYETTE COUNTY GROWER Is
SUED BY BURLEY POOL
Garrett Watts Charged With ViOlat-
ing Contract to Deliver $4,000
Pounds and Association Seeks
$500 Damages

Pounds and Association Seeks
$500 Damages
Lexington, KY, July l2.-The Bur-
ley Tobacco Growers Cooperative As
sociation late Saturday afternoon
took the first step to enforce its mar
keting agreement and contract with
its members when it served papers
in a suit against Garrett Watts,
wealthy Fayette county farmer, al
leging that he violated his contract.
II is charged that he failed TO de-
liver to it under that contract more
than 10000 pounds Of tobacco and
that he delivered only $3.50 pounds
to the association. Damages in the
sum Of $500 and attorneys fees Of
81 900 additional are asked, both
damages and fees being provided for
by the contract itself.
Mr.. Watts had been to the races sf'
Lstonia Saturday and was on his way
back home when q deputy sheriff
boarded the train at Paris and serv-
ed the papers in the suit. which was
filed Saturday in the Bourbon cir
cult court, the associations attorneys
being Franklin, Talbot and Chapman
of Lexington and Paris, and Worth
irgton. Browning and Reed, Mays
vile. Just why the papers were
served in Bourbon county or why the
suit is filed in that county was not
made clear Saturday night.
Claim Evidence Is Ready
The petition recites the details Of
the organization of the hurley asso-
citation, the provision in the contract
that growers who may violate it shall
pay five cents a pound as liquidated
damages, as well as all costs and at
torney fees, and then goes on to say
that Mr.. Watts pledged $4,000
pounds of tobacco, the product of Is
acres of land owned by him; that he
delivered to the association only
$3.50 pounds; that the association
went to the expense of acquiring
warehouses to receive the crop of Mr..
Watts and the other members of the
association, employed graders and in
spectors to standardize the grades of
hurley tobacco, and provided for the
handling, curing and shipping of all
tobacco entrusted to the plaintiff as
sociation by its members.
The petition further states that due
notice Of the formation Of the asso-
citation was given Mr.. Watts and all
other members of the association and
that Mr.. Watts, "tho able to do so,
failed and refused to deliver to the
plaintiff association or to the order of
the plaintiff association or to any
warehouse or plant controlled by the
association, or at all, any of the to-
bacco embraced in defendants agree
ment and application for member
ship"
Papers Served on Train
The plaintiff states that by reason
Of the defendants breach Of said con-
tract and failure to deliver to plain
tiff not less than 10000 pounds of
the tobacco embraced in said agree
ment and application for member
ship, the defendant becomes indebted
to plaintiff in the agreed and stipu-
lated sum of five cents per pound
thereon, aggregating $500. no part
Of which has been paid; plaintiff
states that $1,000 is a reasonable at
torney's fee for plaintiffs attorneys
for the prosecution 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 ar