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Timber Records 1915
Timber Records 1915 State of North Carolina - NoDowell County. THIS AGREEMENT, made and entered into this the First Pay of September, 1914, by and between Pledmont Vard- wood Company, a corporation. existing and doing business under the laws of the State of North Carolina, with its principal | Office at Statesville, in said State, hereinafter sometimes called the "COMPANY" ,party of the first mere and J.YCharies| of Old Fort, North Carolina, hereinafter some times called th¢ “CONTRACTOR@, party of the second part, WHEREAS the Company ownmes certain merchatable ale extract and pulp-wocd, tanbark and other timber rowtne standing crowfn~ Tyineé and being upon. certain lands _ Y in McDowell County, North Garolina, containing 1994 acres ¥ more or less, and «mown as the D- ve - Adams land recently purchased from the Murchison and ete Beas. and is. cesirous of manufacturing said timber ante lumber for the. market and of selling the said extract and pulv-wood and tanbark on said lands; and VETPEAS the said company igs under contract with George Chapran to manufacture into squares the ror oe on said land, and the said contractor is rae to mere tee P -- take the manufacturing of oo poplar squares on the tepeer—af en Soe el <- aro-ibcae am eet hereinafter stated: L NOW, THEREFORE, TEIS CONTRACT WITNESSETH: That, for ana inconsideration of the premises, .. Aw ard the further consideration of the. sum of One (#1.00) noth Set Dollars by each of the parties hereto to the other in Ea ‘paid, ae ft Peace, Cae a > ; * Cal -- & TOY the further Gane ceciti2¢cnsl Consideration cf the mucual covenants and stipulations hereinafter set forth, to be faith- fully kept and performed by the respective parties, it is here- OF contracted , covereunted and agreed bz and between the said parties as follows, to wit: ad oe TIRST: That the Company has erarted, and, by these presents, does grant unto the said Gontractor the right to enter vpon the vove described lands, and to cut, fell, log and manutacture the merchantable timber growing lying and being ule £ 2 3 thereon ,, as ful as the Gompany is authorized under its é@eed- -Adamd and wifeJ. and urder its contract with George : pasta Chapman,.,and the Wohpdhyvy agrees to put said Contmactor in AN } b ee possession of said timber and lands upon the execution af this qe 4 contraet, and that he shall remain in possession of said lands | and timber for the purposes aforesaid vntil same shal liPnave been fully and completely lumbered and a?1l timber manufactured hereunder has been removed; and until he shall have cut and remo} and peeled all extract and pulp-wood and tanbark which shall be purchase hereunder, as hereinafter provided, or until this con-- tract shall otherwise terminate. SECOND: The Company hereby sells to the said party of the second part all the chestnut extract wood and all the poplar, lynn; hemlock, pine and blackeum pulp-wood and hemlock and chestnut-oak bark , “which the “party of the second part may descire to manufacture and remove from said lands during, the continuence of this contract, the purchase price to be e pata |. w as follows? For extract and pulp-wos twentsafive cents per cord of one hundred and sixty cubit feet, payments to be made as often as party of second part shall be paid by his purchaser “eo on each car-load sold and delivered, sett@@ment to be made ane An ‘ 2.) ee & cording to the returns of each purchaser; For all tanbark one dollar per cord, standard weisht, 2246 pounds, to be raid for as ofter as rarty of the second part Shall be paid by his putchaser on each carload sold and delivered Settlement to be made according to the returns of each purchaser. Z THIRD: The Company agrees to pay to party of the second part all amounts necessar: to secure railroad richts-of- way from the Southern Railway, near 01M Fort, to the said timber above described, to the amount of FIV= HUIMR=D (%500.00) DotTars and if it shall cost more the Five Hundred Dollars to secure the said rishts-of-way, then one half of any additional amovnt shall be paid by the Company, on Vouchers produced by the Con- tractor from parties granting said rishts-of-way; provided both parties hereto Can agree on the amount after rights-of-way \ have peen irvestigated. | | SOURTH: the Contractor shall cut into saw logs. and saw into lumber, and pile or sticks ,(at yard to be located Lereoted bey (hr. brrnfany near Old Fort Station,] all the merchantable timber standing, lying and being on the land above described, according to the terms of this contract, except the rorlar owned bz: George Chapman, which is to be sawed into squares, as directed by George Chapman. All the lunber manufactured Hereundes Shall be edged and trimmed and manufactured in a good and workman~like manner, and so as to rais> the grade of the lumber as much as possible and produce the best results; all logs to be cut into such lengths and the lumber shall be sawed into such dimentions 7 Aahya -a8 the Company shall from time to time Specify and rirect, but the Contractor shall in no event be required to cut any logs more than 29 feet in length nor less than {2 inches ir diameter at the small end. " & The Company shall specify in writing to the Cone tractor from time to time the dimentions and lengths into ~ which the lumber is to be sawed. The Contractor shall cut and lo? the merchantable timber and manufacture the same into lumber and pile on yards at the rate of an average of twelve thousand five hundred feet of lumber, board measure, per day, for at least twenty days of each month, during the continuence of this contract, with the privilege to the Gontractor to cut, saw and @eliver, not exceed- ing twenty thousand feet of lumber per day, veginring on the po day of 2 , 1914, and ending when all the merchantable timber itn allt to be manufactured yf shall have been cut and removed from the said land, unless ares. vented from 80 doing by unavoidable condition, in which event the Compan; agrees to have the facts investigated and make such concessions as the circumstances ‘may warrant; and, upon the facts being ascertained, if the parties can not agree, then and in that case each party shall select a disinterested lumberman , who shall act as arbitrator, and hear the evidence offered by each ‘party, and rendex@® an award which shall be final and binding, put if the two so ~elected can not agree, they shall select a third lumberman, who shall also hear the facte, and the decision of any two dr said three arbitrators shall be binding ,and final upon the parties hereto. “ . FIFTH: In consideration of the services rendered by the Gontractor in cutting, logging, sawing and placing: on . sticks, the merchantable iiveriverein agreed to be sawed, the Company shall pay the Contractor the sum of Cealverdcliars and fifty cents per thousand feet, board measure, for all lumber - cc’ Aurel ferenty Phvepn mG & pul wh oT sawed and put on sticks, hereunter ; provided, however, that the poplar squares shall only be piled; the Contractor, to be paid baer 4 in cash on or before the tenth day of each month, for all celal lumber sawed during the preceding month , according to thei tally ienestse) oe _ > . | ‘ “| | Measurements Oe ee to be made {from the saw/ bv an inspector furnished by feo th ndeties hereto, each party | paying one half of his salary) / Si Xin: The Contractor agrees that the first ten thousand feet sawed under this contract shall be ws carefully measured and placed on sticks and remain there for sixty days, at the end of which time said lumber shall be remeasured and whatever per cent of shrinkage shall be found to exist shall be the per cent of shrinkage to govern during the antire operation, and settlements shall always be made on the basis of deducting one half of the per cent of shrinkage so found from the measure- ment at the saw. | . SEVENTH: If it shall be found that the party of the second part can not cut and manufacture the timber on that por- tion of said land known as the"Clover Patch Branch" without loss to himself, he shall have the privilege of leaving same on the ground . BIGHTH: The Contractor shall have the right to cut and manufacture the timber standing and being ok the Crooked Creek side of the montain, on the land avewe described, on- a -~ circular saw mill. and pile the same on sticks on the yard in the mountains on Crocked Cree,’ and when same ig piled on stick MAME : the Contractor shall receive en Dollars per thousand feet, boart measure, on the terms” above. sae forth, and the remainder to be paid when ‘the same is delivered to the Southern Rat lwey, at Gad Fort. Q NINTH: Te Contractor shall be entitled to the benefit of any end all liers to which he may be entitled to under the laws of North Qarolina . Tiel TH s Ma Cantructor shall only real Bark in season, end tne timber fror which the bark is peeled shall be immediately mamufactured into lumber,if suitable for lumber. sLeverqTH: It is expressly understocd and agpeed that the Company shall lease at its own expense a suitable mill site Yard and piling ground near Old Fort, on wnich the Contzmactor shall place his mill or mills, stores, railroad, of-fice, and pile the said lumber and wood and bark and other nece sary equipment for the operation, with the right to remove all prov- erty so nieces thereon at the termination of this contract. \ IN TESTIMONY, “HERFOT, the said pasty=- of the —~ -first part has caused these presents to be Sicred in its name, by its president and attested by its Secretary and its corpo- rate seal to be hereunto affixed, all by order of its Board of Directors, am the said party of the second part has hereunt set his hand and seal, this the day and year first above written. Attest. Secretary STATE OF mORTH cAROLINA Iredell Ceunty. 1, tif aby , a Netary Public ef tre Ceunty aud State aferesaid, de hereby certify tat this lday persemally appeared vefere ne, whe being first duly swern says that he knews the Common seal ef the Péedment. Hardweed Cempany, and is alse acquainted nite Bef Shwe’ Piedmext Hardweed Cempany, the cerperatiesn which executed _ , the President ef this instrument; and that © — EB. Merrisen _ is tke Secretary and Treasurer ef said Cerperatien; tmat the seal: affixed te the feregoing instrument is tae Ceanen seal ef the Cerperatien and that the name ef the cerperatien — wag gubscrited therete by tae swid Presiusnt; amd that he the said E. Merrisen, subdscrited his name therete as attesting witness, all by erder ef the Beare ef Directers ef said cer- peration, and that said instrument is the act mad deed | ef the cerperation. Witness my hand and Netarial Seal, this the R4 faay of Och , 1914. “Yetary Public ef TIrede e@unty, Note My cemmissien expires the // aay OF fers 1G o State ef Nerth Carelina McDewwll Ceunty E , a Netary Public, ef McDewell Ceunty, NeC., de hereby cextify that this day persen- ally appeardd befere me, JeMeCharlee ana acvkiowledged the dus executien by him ef the feregeing centract. Witmess my hand and Netarial seal, this the day ef September, 1914. My cemmissien expi Toters Suhiie at Umdeweli Ca.k SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, The Printer, Statesville, N. C. 3-15- 13-1M. a Sea naee. County--Gn the Superior Court. SUMMONS FOR RELIEF. the defendant ..above nained, if...... At! ve found within your County, to be and appear before the Judge of r Superior Court, at a Court to be held for the County of. Sts-a22e. ....at the Court House in Oo LEA, 2l4f on the GC .........Monday after the.....7... the same being the. AL....... day of... EF . ...191$7, and answer the complai which will be deposited in the office of the Clerk of the Superior Court for said County, within the days of said Term, and let said Defendant .......... take notice if. A@....they fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this STATE OF NORTH CAROLINA, We acknowledge ourselves bound unto the Defendant whoweyer, if the; Rlainti cost as the Defendant may recover of the Plaintiff Witness our hands and seals, this......... Pe sana < being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. t za 2 = Yu e Plaintiff's Attorney. fe a — rz Ra pe oO Gin Vn Zz © = = a t @ North Carolina, ) Superior Court. Iredell County. ) Sinclair Lumber Company, -Vvs~- ) ) ) Je KM, Charles. | To the Superior Court of lredell County: All matters in controversy between the plaintiff ad defendant above-named, having been submitted to me as arbitra- tor under the agreement filed in the cause, I find and award that on September i4th, 1915, (at the time the matter was heard before me at Old rort) the plaintiff, Sinclair Lumber Company, was indebted to the defendant, J. M. UCharles, in the amount of One whousand three Hundred and Seven and 37/100 ($1,307.37) Dollars. Upon filing receipt for the amount due laborers by def- endant, amounting to $263.75, and paying draft drawn by defendant om plaintiff in favor of Whiting (which draft wasaccepted by plaintiff) for $250, the plaintiff will be entitled to a further credit on the amount stated as due defendant in the sum of $513.75, leaving net amount due defendant, J. M. Charles, by the plaintiff (if laborers and the draft are paid) Seven dundred and Niinety-three 62/i00 ($793.62) Dollars. a I, therefore, award that defendant, J. ii. Charles, is en- titled to judgment against the plaintiff, Sinclair Lumber Compayy, in the sum of $1,307.37 (less $263.75 due laborers and the $2650. Whiting draft, if such payments have been made by plaintiff) and his costs of action to be taxed by the Clerk. I, append a statement of the account between plaintiff and defendant as i find it to be, and 1 also append a list of the witnesses and the amounts to which they are entitled. a > the evidence, including the exhibits filed by both plain- tiff and defendant, and the contentions filed by Counsel are herewith transmitted. All of which 1 respectfully submit, this uctober 1, 1915. LICE. Conve. Arbitrator. —@ SINCLAIR LUMBER VOMPANY, To J.-M. CHARLES, Dr. ULle By cubbing and delivering 268,790 feet of lumber G $12.50 per 1000 feet $3,359.87 7000 feet uickory uogs at $10 per 1000 70.00 Allowance for kK. R. Rights-of-way 500. 97000 feet of number on Crooked creek @ $2 per i000 feet 194. 20,000 feet poplar square @ ¥2 per 1000 40. 8,000 feet sundry parties © #2 per i000 i6. II5,000 feet cut &« skidded & $4. 460. 24000 feet cut in woods & 80¢ 19.20 6 montaos Kent Lumber rard @ $25. 150. 2p 4,809, 07 Dre To eash payments (admitted) $3,100.00 ® sbark « wood sold " 235.45 =" 3500 feet ot lumber to Quinion @ IO per 1000 feet 36.00 " *# Salary of Scalerto vuly 20, i915. £31.25 J Upon production of receipt from attorney representing laborers for that amount, Sinclair Lumber Uo. will be entitled to further credit of 263.75 and upon payment of Whiting braft to a further credit of Amounts due Witnesses. Ge H. Karrier D. W. Adams Je kip Hall J. As Silver NORTH CAROLINA, BEFORE W. C. ERWIN McDOWELL COUNTY. ARBITRATOR. SINCLAIRE LUMBER COMPANY vs BRIEF FOR J. M. CHARLES. J. M. CHARLES It is insisted by J. M. Charles that this arbitration shall determine all matters and things in controversy between the parties arising out of the contract for the cutting of the timber on said lands in O1d Fort Tommship, McDowell County. It is insisted that this arbitration is not limited to those matters stated in the letter of J. M. Charles of date July 19th, as con- tended by the plaintiff. We insist that the facts and circum- stances surrounding this whole transaction clearly support us in our contention, for the reason that the Sinclaire Lumber Com- pany is now pontonstine foe items of which tiere is no mention made in the letter of Charles; to-wit: Salary of Banner, the inspector; lumber shipped out by Quinton for camps; claim of $235.45 for bark and acia wood, and $250 Whiting draft. In addition to these claims we find that there has been no campli- ance with the conditions stated in Charles’ letter of July loth; and we further find thet after the letter of July 22nd, written by Sinclaire Lumber Company to CYJarles, in which they state that. they will accept the comditions for cancellation of the contract that the Sinclaire Lumber Company instituted suit in Iredell Coun- ty against Charles; and we further insist that the very wording of the articles of agreement for arbitration, sony lot which igs hereto attached, and which was also filed &s an exhibit by the Sinclair Lumber Company before this court, shows that all matters #26 and things in controversy between the parties and arising out of the contract, mak should be submitted. No where is it shown that Charles waived any right to his claim for damages when they failed to comply with the conditions set forth in his letter of July 19th. And we therefore submit that all matters about which evidence was introduced before this court should be passed upon and determined upon the merits. J. M. Charles makes claim for the following items: is Lumber cut £268,790 feet at $12.50 ver thousand / $8869.87 Which smount is admitted by Sinclair Lumber Company. Ze Hickory logs, 7000 feet at $10.90 per thousand Yo 70.00 This item was proven and there is no denial of it. Mr. Charles stated that Mr. Thurman had these logs shipped out and that these figures were given to him by the lumberman who measured them. 3. Lumber cut on Croeked Creek, but not delivered : 97,000 feet at $£,00 per thousand /o 194.00 Poplar squares cut and delivered 20,000 feet at $2.50 per thoucand Y~ ———-B0.00 Lumber for school-house, cut and delivered 2200 feet at $2.50 ner thousand — 5.50 Lumber for convict camp, sut and delivered 4600 feet at $£.50 ver thousand 11.50 Another bill of 1200@eet, cut and delivered ca at $2.50 per thousend 3.00 The contract, paragravh 8, provides that Charles shell receive $9.00 per thousand, board measure, for sawing and piling on sticks the lumber on Crooked Creek, and should #3 receive the balance when same was ddlivered; that is, balance of $3.50 when delivered. Defendant's exhibit No. 6 shows that Franklin was doing the cutting and piling for $7.00 pér thousand, leaving a profit to Cherles of $2.90 per thousand. The uncontradicted evidence further shows that the cost of hauling and delivering the lumber was $3.00 per thousand, therefore for that which was delivered, as set out in above item, the cost was $10 per thousand, leaving a profit to Charles of $2.50 per thousand, Charles is making no claim for any amount on these items except for the profit if the court finds that the Sinclaire Lumber Company hes paid Franklin for the sawing and piling ana hauling. If they have not paid Franklin the additional amount of $7.00 per thousand for all lumber cut on Crooked Creek, and $10.00 per thousand for all lumber cut and delivered on Crooked Creek, should be charged, 4. Legs cut and skidded on Catawba Rivar, 120,464 feet at $4 ner thousand Charkea swore that the cost of cutting and skidding these loge was $4.00 ner thousand; the witness Falls, who measured the lumber with a log rule, swore that the above figures were Correct. There is no denial of either of these statements, 5, Legs out in the woods but not skidded, 24,154 feet at 80% per tPousana Charles swore that it cost 807 per thousand to cut these logs; and the Witness Falls whe measured the correct. 6. Rent from Dea. lst, 1914 to dste,- 9% months at $25.90 ver months $237.50 Section 11 of the contract provides that the Comnany shall furnish a place for mills, stores, raikroads, offices and to pile the lumber and provide the defendant with all other necessary gukw equinvment necessary to the overation. Mr. Charles Swore that for the purpose 6f carrying out this contract he leased a place for this purpose and Mr. Thurman, President of the Commany, agreed that this place so leased should be used and that the Commeny would pay Charles $25.00 per month for it. Adams and Charles both swore that the mill used in cutting the lumber was on the yard before Dea. let, and that Charlies head to pay rent from Deo. lst for the mill site-fer the purpose of carryine out the cont#fact; and we there- fore submit that rent should begin on Dec. lst, 1914, the day on which the contreot provided work shoulda begin, and fram which time the mill site should be furnished by the Company,- and run to date, 9+ months, making a total of $257.50 The contract, reoaiea vrovides that $500 should be paid by the Company to Charles for the vurvose of securing railroad rights of way, and this amount is agreed by all nap- ties te be a benus and not to be @ charge against the deféndant, Charles. The evidence shows that Charles purchased rights of way himself, amounting to $250 or $300, and that duinten pur- chased additional rights of way , and the contracts fee all rights of way show that more than $500 was expended therefor. We find in the supplemental centract that a sum up to $800.00 #5. a if necessary, should be advanced by the Company for the purpose of pecuring rights of way for logging railroad purposes. The evidence was that Mr. Thurman agreed later that the amount should be $500, and we find in a letter of July 31st, from Sinclaire Lumber Commany, defendant's Exhibit No. 2: "Also when you send in deeds for rights of way for raijroad we will be due you a credit for $600." We submit that there is no evidence that deeda for rights of way should be furnished and that there ig no evidence that any voucher forthe expenditure should be furnished es @ condition to the payment of this amount. Vouchers were only to be furnish- ed in the event the amount expended shonld exceed $590, as shown by section 3 of the contract. We therefore submit that the defendant Cherles is entitled to this $590 expended for rights of way. 8, (a) For lost vrofits on 6,090,000 feet of lumber at $1.00 ver thousand — $6000.00 (bd) Lest profits on 15000 cords of acid wood at 252 ver cord 3750.00 (a) Lost profits on 3000 cords of bark at 50¢ per cord 1590.00 These items depend upon the breach of the contract by the Company. We respectfully submit that all the evidence Shows that the Commany broke the contract, from the very outset. It will be found in the surplemental agreement that there is & provwicion"Thet in consideration of the existing olose finan- cial status that upon due notice on or before Dec. lst, 1914 from Piedmont Hardwood Company, by its proper officer, to said Je M. Charles, that iW desires to defer the outting of all Classes of timber except poplar extract ana pulp wood under seid contract for a period up to four months from date Of notification #6. tuat said J. M. Charles shall not cut any timber under said con- tract for that nerded except the extract, pulpy wooed and poplar tim- ber. After the exniration of four months the said contracy#. shall be in full force and effect. "It is further understood that in the event said Pied- mont Hardwood Company shall avail isself of the four months period that they hereby agree to advance to J. M. CHarles the sum of $1500 when notice is served that the four months period is desired." The uncontradicted evidence ef Charles is that on or about the first day of December Mr. Thurman, the then President of the Piedmont Hardwood Company, with whom the contract was made, noti- fied him that the Comnany desired to take advantage of the four months clause. The uncontradicted evidence of Charles further shows that he demanded of the Comvany, through Mr. Thurman, that this sum of $1500.00 be advanced as agreed, and that they refused to do 80, on account of lack of money. Mr. Morison admits himself that they did not advance this $1500. The uncontradicted evi- dence of Mr. Charles further shows that if this $1500 hed been paid he would have been able to purchase a ban saw-mill for which he hed a contract and as to which Mr. Thurman instructed him not to buy heceuse of the fact that they could not pay the $1500; ana fur- ther that he would have been able to carry out the contract of cut- ting and sawing. The circumstances bear out the vroposition that the Cempany took advantage of the four months clause, because we find ESBetTs. that outting #id not begin until the latter part of Merch, which would be about four months frem Dec. lst, The evidence of Mr. Charles, and thet of Mr. Adams and Mr. Silver, and not denied by Mr. Morrisen, that the Company did not comply with the agreement to pay on the l0Oth of cach month for all | “4 #7. lumber sawed during the preceding month eccording to the tally sheets. And by reason of the failure to do so Mr. Charles, Mr. Adams snd Mr. Silver all swore that they were prevented from carry- ing out the contract. It is contended ' leintiff that Cherles did not turn out the required number of feet of lumber per month called for in the con- tract. The evidence shows, however, that if they had furnished the $1500 on Dec. Ist, as they agreed to do, he could have purchased a ban saw-miJf] and could have performed the contract as he had agreed to do. In fact defendant's Exhibit No, 3, letter dated May 22na, 1915, shows the reason why the Company broke its contract, and ex- pressed regret to Mr. Charles in being forced to disappoint him - the letter is as follows: "Mr. J. M. Charles, Ola Fort, N. C. Deer Sir:- We are very sorry indeed that we have failed to make settlement this month for lumber out last month, but have been greatly disappointed in getting in money that we had expected. I have waited from day to dey thinking the matter would be ar- £ d, having been promised that this would be done on the 17th, I still have not gotten this and find now that I will have to ge te New York, which I will do Monday, hoping to get back Wednes- day and that I can send you check st that time for the full amount, This is much more of a disappointment to me than to you, but i@ the result of my not getting papers handled that hed been promised, I am greatly worried about the delay for I know it ig @ disappointment to you, but not so much as to M@ Yours very truly, PIEDMONT HARDWWOD CO. E. MORRISON, Sec. & Treas, ” Therefore we submit thet «11 the evidence shows that frem the very beginning the Piedmont Hardwood Company was not able to per-~ form its contract end did not perform it as it agreed to do, and thet all the evidence shows that Charles was in pesition to carry #8. out the contract upon the Piedmont Hardwood Company complying with the conditions set forth in the egreement and supplemental agree- ment, and that the only reason the contract was not carried out was because of the failure of the Piedmont Hardwood Company to camly with the conditions to which they agreed. The evidence of Mr. Adams for the plaintiff showed that there are 6,000,000 feet of lumber on this botindary; 15,000 cords of wood and 3000 cords of bark. The evidence of Charles shows that he had @ profit of something over $2.00 per thousand fornthis lumber, for which, in his statement, we only «sked for $1.00 per thousand, for the reason that it is now shown that the Sinclaire Lumber Company has let a contract for this work to be done at $1.00 per thousand less than they had agreed to pay Mr. Charles, and they have not denied this. As to the wood, Mr. Cherles was to pay the Company 25¢ per cord for the wood, and the evidence of Charles chows that he had a profit of ap: roxinately $2.00 per cord over and above all expenses on this wood; and the evidence further showed thet the Sinclaire Lumber Company has sold the Wood to John E. Patten for 50/ @ cord, and this establishes the fact conclusively that Mr. Charles hes lost at least 25¢ per cord profit. As to the bark: the evidence of Charles, which is unoontra- dicted, shows that he had madea profit of $3 to $4 per cord, and the evidence further shows that Sinclaire fumb er Company hss sold this bark to Jno. E. Patten for $1.50 per oord,- 50/ more per cora than they had agreed to sell it to Charles, We therefore submit that the defendant Charles is entitled te receive compensation for these items of lost profit. It is contended by the plaintiff that Charles agreed in Marion to give up the contract, but as to this we beg to call the attention of the Court to the evidence of D. W. Adems and J. M. Charles, in which it was stated thet Charles told Mr. Morrison that the Centractor Quinton was not able to carry out the contract but he end his brother would carry out the contract according to the letter of the original contract, but Morrison refused to permit him to do se, xk&kxe on these terme but desired to charge him 257 more per cord for the wood and 50% more per cord for the bark, and to cut him down $1.00 ver thousand for the lumber. This evidence, we submit, sustains our contention that Cheriles hes suffered loss by way of profits by reason of the breach of the contract on the pert of the Commany. It is contended by the plaintiff tnat the defendant Charles has sold out the contract to Quinton, end yet in all the testimony of Mr. Morrison he recognized Mr. Quinton ss a sub-contractor under Mr. Charles. It is contended by Charles, and not denied by Morrison, that the first two items of $250.90 each claimed by plaintiff as oredite were for the rights of way, and should not be charged against Chrerles, but were to be recived as a bonus. However, not heving been so treated the defendant Cherles is using it both as a debit and a credit, thereby giving it the effect of a bonus. The defendant Charles sdmits that he has received the cash items of $759.00; $100.00: $1900.00: $250.00: $400,900 and $190, making a tatal of $ Koon — : and cdmits further that he is indebted to the plaintiff in the sum of $235.45 for stumpage on wood and bark: and further admhts $263.75 egsinst the logs on have Catewbe River which im been cut and skidded, and those which have bean cut and not skidded. As to tne item for the salary of the insvector, the contract provides in paragraph 5, that measurement of the lumber should be made frem the saw by a inspector fyrnished by both par- ties - each party paying one-helf of the salary. The evidence of Morrison was that he did not consult Mr. Charles as to the selec- tion of the insvector, nor as to the price to be paid the inspector and the evidence of Charles mums was to the same cffect and to the further effect that the salary of $75.00 per month was excessive for the work required of the inspector, and that the anspector did not give his entire time to the work of plaintiff and defendant, but was engaged in other matters, and thet $50.00 was a reasonable salary for such services; «nd there was no denial of this by anyone. We therefore respectfully submit that the defendant should only be cherged with one-half of the $50.00 salary frem April 7th for 3+ months: that is, a credit of $87.50. As to the claim of $43.75 for lumber taken by Quinton, the only evidence as to this jtem is from Mr. Benner who stated that Mr. Quinton told him he was taking the lumber up into the woods for camps, and it is admitted by the plaintiffs thet they are in charge of all the woods and works and Bamps. We therefore submit that they have the benefit of all this lumber and sbahid noe charge the defendant with it; and in fact the defendant had nothing to do with it and kmew nothing about it being taken. As to the Whiting draft, Cherles admits liability for this amount and is willing for the court to make such order as theo court may deem best for the proper disposition of this matter. It is immaterial to Charles whether the court orders him to pay it, or allows it as a deduction and requires the Lumber Company go pay it. All that we desire is that it be settled. SUMMARY. The following is a summary of the contentions of Charles: DEBITS,. 268,190 feet of lumber cut, at $12.50 per M. $3359.87 7,000 " "™ Hickory logs at $10.00" " 70.00 97,000 " "lumber cut on Crooked Creek, at $x2.00 per Me. (Not delivered) 194.00 20,000 poplar squares cut and delivered at $2.50 per M. 50.00 2,200 lumber for school-house,cut and delivered, at $2.50 per M. 5.50 4,600 lumber for convict camp, cut and delivered at $2.50 pep UM. 11.50 1,200 " " another bill of lumber, cut ana ; delivered at $2.50 per M. 3.00 fiz, 120,464 feet of logs cut and skidded, on Catawba Hiver, at $4.00 per M. $ 481.85 24,154 feet of logs cut and not skidded at 80¢ per M. 19.32 9% months rent from Dec. 1st, 1914, at $25. per month 237.50 Lost profit on 6,000,000 feet of lumber at $1.00 per M, 6000.00 Lost profit on 15,000 cords of acid wood at 25% per cora 3750.00 Lost profit on 3000 cords of bark at 50% per cord 1500.00 $15683.54 CREDITS Cash $ 750.00 Cash 100.00 Cash 1000.00 Cash 250.00 Cash 400.00 Adams order 100.00 Stumpage for wood and bark 235.45 Laborers' léens as credit against logs on Catawba River 263(75 Inspector's salary 87,50 Total debits $15683.54 Total credits 5186.70 Balance due J. M. Charles by Sinclaire $12496,84 Lumber Company Respectfully subm ted, North Geroiinss)) Iredell County. ) Sinclaire Lumber Co.,) Je Me. Charles. | ) To Hon. We. C. Ervin, Arbitrator: The Sinclaire Lumber Co, herewith submits to you a statement of the facts in said case, as they appear to said Company, and also an argument in support of the contentions of said Company. First: It is admitted by all parties that J. M. Charles and the Piedmont Hardwood Vompany entered into a contract for the cutting of certain timber located on about two thousand acres of land in McDowell County, and that the Sinclaire Lumber Vompany purchased said timber from the Piedmont Hardwood Co. and assumed liability for the contracts made by said Piedmont Hardwood Co. in reference to said timber. The amounts, which all parties admit are due J. M. Charles are as follows: “ (a) That J. M. Charles has sawed and delivered to the Piedmont Hardwood Co., or its assignee, the Sinolaire Lumber Co., at Old Foré, 268,790 feet of lumber, for which the said Charles was to receive $12.50 per thousand feet, or $5,359.87. (>) Although the officers in control of the Sinclaire Lumber Company have no knowledge of the facts, it would appear that the former President of the Piedmont Hardwood Company, one B. R. Thurman , did have seven thousand feet of hickory logs delivered by J. M. Charles at the railroad. The charge of $70.00 for said logs is therefore admitted by the Sinclaire Lumber Company. As to these two items there is no question or con- tention, but it is admitted that J. M. Charles is entitled to a charge of $3,429.87 for said items. Second: There are a number of other items, which are controverted either by the Sinclaire Lumber Co, or by J. M. Charles, which items enter into a proper accounting between the parties, and we desire to call the attention of the Court briefly to these various charges and credits. (a) Logs Cut and Skidded Through the Woods. It would appear to be true that the Sinclaire Lumber Co. is liable only for the reasonable value of the work done on these logs by the sub-contractor under Charles. Mr. Charles swears that this work cost four dollars per thousand feet, but Mr. Banner swears that three dollars per thousand feet is a fair price for the work done on said logs, and it is further in evidence that John E. Patton, who now holds the contract for cytting the timber belonging to the Sinolaire Lumber Yo. would agree only to pay the sum of three dollars per thousand feet for said logs. Mr. Banner further swears that, in his opinion, there is less than one hundred thousand feet of said logs; therefore, if Mr. Banner's figures be taken Mr. Charles is entitled to charge $300. for said work. If Mr. Charles' figures be taken as to the number of - feet of said logs then he is entitled to charge $361.39. We submit that Mr. Banner's guess as to the number of feet is equally as reliable as the guess of the gentlemen who testi- fied in beaklf of Mr. Charles, and inasmuch as the burden is upon Mr. Charles, we insist that the proper charge for this oa? item is $300.00. (bd) Logs Cut and Not Skidded. The amount of the logs coming under this head, as testified to by the witnesses in the case were 24,153 feet. Mr. Charles swears that this work cost 80 cents ver thousand feet. However, it is in evidence that Mr. Patton would agree to pay only 75 cents per thousand feet and we insist that this is strong evidence as to the reasonable value of said work. Using the figures above set out, the amount that Mr. Charles is entitled to charge for said work is $18.11. (c) Rent. The supplementary contract provides,"That the said Piedmont Hardwood Co. is to pay said J. M. Charles, or his assigns, the sum of $25. per month, payable on the 20th day of the month during the time necessary for said Piedmont SP Hardwood Co. to occupy the grounds of J. M. Charles with their lumber". It is not disputed that this ground has been occupied only from the 20th day of Maroh, 1915. Under the dontract therefore there should be accrued at the date of this hearing a rental charge for five months and three weeks only. The amount of rent therefore, which Mr. Charles is entitled to charge under the contract is $143.75. (a) Right of Way. The contract provides that the Piedmont Hardwood Co. should pay to the said J. M- Charles if necessary, for the purpose of securing rights of way for logging railway purposes the sum of three hundred dollars. It was the pur- pose of both parties to the contract that this railroad should be built in order to haul out the lumber and logs from the tract of land belonging to the Piedmont Hardwood Co. The interest of the Piedmont Hardwood Company in said Se railroad rested on this idea alone. However, there is pre- sented to the Court now a contention by which Je M. Charles claims that the Sinclaire Lumber Go. should pay to him a certain amount for the railroad, the rights of way for which and the railroad itself being in the possession and under the control of J. M. Charles. Mr. Charles has voluntarily aban- doned his contract for getting out the timber, and therefore the railroad as it stands new is absolutely worth nothing to the Sinclair Lumber Co. We do not feel therefore that we should be compelled to pay anything towards the rights of way for this railroad, unless said rights of way should be assigned to the Sinclaire Lumber Co. In any event, the charge of $500. is absolutely without any basis whatever, a8 the supplemental contract states as plainly as words can state a fact, that the amount to be paid by the Piedmont Hardwood Co. for the purpose of securing rights of way was $200.00. (e) Banner's Salary. The contract provided that the salary of the in- spector of the lumber to be manufactured by J. M. Charles should be paid one-half by each party. It is in evidence that Mr. Banner was paid a salary of $75. per month, and that therefore J. M. Charles should be charged with half of gaid amount. We contend only for one-half the salary of Mr. Banner up to July 20th, 1915, the date upon which Charles notified the Sinclaire Lumber Co, that he would give up the contract. Charles contends that he should not pay this amount by reason of the fact that Banner was not busy all his time. If Mr. Banner was not busy, the fault lay with Mr. Charles, and with no one else. The contract provided ' that not less than 250,000 feet of lumber should be sawed ~4- each month. The undisputed evidence in this case shows that in something like five months only 268,000 feet were sawed. The fact that Mi. Banner was not kept busy was due therefore to Mr. Charles’ failure to saw the amount of lumber called for by his contract. Wwe believe therefore that a fair con- struction of the contract will give the Sinclaire Lumber Co, credit for $121.25. (£) Crooked Creek Lumber. This is the lumber manufactured by Mr. Franklin , who went on the tract of land avout the time Charles gave up his contract. Franklin has continued to work on said tract at the request of the Sinclaire Lumber Co., this Company agreeing to pay him for his work, and having in faot paid him therefor. Mr. Charles admitted on the stand that ne demand had ever been made upon him for the payment of the work done in the Crooked Creek section, and that he did not expect to pay Mr. Franklin anything. The truth about the matter is, that the Sinclaire Lumber Co. has made a deal with Mr. Franklin by which he agreed to continue to work for them at ten dollars per thousand feet. The contract with Mr. Charles was, that he was to receive $12.50 per thousand feet for all lumber sawed, and Mr. Charles therefore sees an opportunity to demand the difference between ten and twelve and 50/100 dollars, and he has seized upon this opportunity. We do not believe that under the facts in the case that Mr. Charles has any right whatever to this money. (gz) Lumber Used by Quinton. It is in evidence that F. W. Quinton used 3500 feet of cull lumber, which is worth, aeoaraine to the testimony of Mr. Banner from ten to twelve and 50/100 dollars. This item calculated at $12.50 per thousand =5= feet amounts to $42.75. Third: The following credits are admitted by all parties: Cash $2100.00 Money collected from the sale of Acid & Pulp Wood 235.45 Amount paid laborers 263.75 and the Whiting Draft 250.00 I have enumerated above the charges of J. M. Charles, which are admitted, and the credits due the Sinclaire Lumber Vo., which are admitted, and also the charges of J. M. Charles and the credite claimed by the Sinclaire Lumber Co., which are disputed. I attach hereto a statement of the account between the varties as contended for by the Sinclaire Lumber Co., which account we respect- fully ask the Court to adopt. | Respectfully submitted, “Attorney for the SincYaire Lumber Co. J. M. Charles in account with Sinclaire Lumber Company. - CHARGES OF J. M. CHARLES. 268,790 feet of lumber @ $12.50 per thousand $3,359.87 7,000 feet of hickory logs % $7.00 per thousand 70.00 Logs cut and skidded 100,000 feet @ $3.00 per thousand 300.00 Logs cut and not skidded 24,153 feet @ .75 per thousand 18.11 Rent - 5 months and 3 weeks @ $26.00 per month 143.75 Total $3,891.73 CREDITS DUE SINCLAIRE LUMBER CO. Cash (admitted) $3,100.00 Amount collected for bark and acid wood (admitted) 235.45 Amount paid laborers (admitted) 263.75 + Banner's salary up to July 20th, 1915 131.25 Lumber used by Quénton 3500 feet 2 $12.50 43.75 Whiting draft- if charged te Sinclaire Lumber Company 250.00 Total $4,024.20 Amount due Sinclaire Lumber Company $132.47 Additional charges claimed by Charles. Charlee claims two charges not set out in the above state-— ment which we do not think should be allowed. These are; lst. Money for Rights of Way. We have set out ous reasons for not allowing this claim in the statement of facts. If.it should be allowed then the amount can be only $300.00 and not $500.00 as claimed by Charles. 2d. Crooked Creek Lumber. This charge is without foundation as set out in statement. If the Court should allew the charge then it would increase the charges in this account As contended by the Sinclaire Lumber Company, Charles owes said Cempany the sum of $132.47. If the Court should allow the charges or either of them, set out above then the account weuld of course be changed by the amounts allowed. |. T. AVERY W. C. ERVIN AVERY & ERVIN ATTORNEYS AT LAW MORGANTON, N. C. October-1-I9I5- Clerk Superior Court, Statesville, N. cv. Dear Sir:-- Am herewith enclosing an award which 1 have made as arbitrator in the case of sinclair Lumber Company vS J. M. Charles, pending in your court. 1 am also sending the evidence Zn#ixhibits and con- tentions of counsel in the case. «indly acknowledge receipt of these papers, and oblige. Very truly yours, i 0B/1C Jil Son NORTH OAROLINA: IN THE SUPERIOR COUR? IREDELL COUSTY: OCTOBER TERM, 1915. SIMOLAIRE LUMBER COMPANY , va : yo > 6 FJ UDGMERET, Je Me CHARLES : fhie cause coming on to be heard before His Honor Henry P. Lane, Judge presiding; and it appearing to the court that the parties plaintiff and defeniant have arbitrated their differences before W. C. Erwin, Arbitrator, a copy of which arbitration agree- ment is hereto attached and made a part of this decree: AND it further appearing to the court thet said W. C. Erwin, Arbitrator, has filed his award, copy of which ts herete attached and made e part of this judgment: AND it further appearing to the court that the item "Due leborers, $2623.75," has been paid by the plaintif?: NOW THEREFORE, it is considered, ordered, decreed and edijudged by the court that the defendant, J. M. Charlee, have and recover judgment against the plaintiff, the Sinclaire Lumber Com- peny, for the sum of one thousand, forty-three & 62/100 dollers, ($1043.62), and the cost of this action, to be taxei by the Clerk of the Superior Court of Iredell County, including an sllovanee of fifty dellare ($60.00) te W. C. Erwin, Arbitrétor, and cost of the witnesces before the Arbitrator, as shown by the appendix te the eward of the said Arbitrator, AND it ie further ordered anf adjudged that upon payment by the plaintiff of the Whiting draft for $260.00, referred to in the Arbitrator's award, the same shall be a eredit upon thie ju ts EE Hig ara 7 Hn a Gan Chores y ’ QD: ad Ee BTS CC Bales ook i - jens Pe a Ctrl a PRE. —¥ on 7h 228 SO. - - a~ 3 fa fase dope formes, Be Cbiree set noes a ee 1 Ow ton Loa dtd 5. Point CGF - A» SELL A ane - (Pat nate Fs fl , NUP ee 0 bgloe LL = Aziz £ es Lot, Mu tw OL pre Con ff BCR mahi Crthme LL hae @ fuk 2 Hone g Fie anol fordeg \ \ ra ae CTE BL LE BBA EL BES fe oa ayaa Grn Po _ Prefa £2 7 (pnt aalny ELL afore wt eget form EO fo — , A. C. poor nen - on a = a - ng ge Ae Let ‘de OL Vi2wK eine FIL fe yooo |. OR eittat AX MY fla foor, Gag ES OOO SEE FALE. a = nee ee pe es Pro ee vw, Se 10 AA amt vo. Sora | fs oe F Ei Soke se aoa _ Vice Pres. ANO SE€cy. AMILTON H. SALMO : WM. SINCLAIRE, €. MORRISON, Treas. ‘SINCLAIRE LUMBER CO. HARDWOOD LUMBER BIRCH, MAPLE, ASH, BEECH, 80 WALL STREET QUARTERED OAK, PLAIN OAK, POPLAR, RED AND SAP GUM, CHESTNUT, BASSWOOD TELEPHONE CONNECTION NEW YORK MILL: OLD FORT, N.C. BRANCH OFFICE: Statesville, N. Ce STATESVILLE, N.C. July 31, 1915 Mr. J. M. Charles, Old Fort, N. ©. All quotations subject to prior sale and immediate acceptance, and no purchase or sale is binding until confirmed by letter from home office. All contracts are contingent upon strikes, fires, railroad delay nd other causes beyond our control. In the event of complaint by purchaser on the quality or quantity of material shipped, purchaser shall pay freight, unload and hold entire shipment intac., properly protected, and shall file complaint with seller within five days after receipt of shipment. Payment of freight shall not be considered an acceptance of the shipment, nor shall such payment work a forfeiture of the right to enter complaints and make adjustments. Each car to be treated a8 s separate contract. Dear Sir:- Your letter of the 24th was addressed to the "Sin Claire Lumber Co." without being in my care, and I therefore did not receive the letter until the 29th and did not have an opportunity to write you yesterday. The amount of lumber you show corresponds with the reports I have from Mr. Banner, and you are therefore credited with $3359.87 You are in error as to the amount of rent due as this of course would apply only frou the time you began sawing and storing lumber on your property, which was about March 20th. You would therefore be due four months rent amounting to $100, making the total $3459.87. We have sent you in cash $3000, :nd have you charged with half ir. Banner's salary for three and a half months, amounting to $130.75, this being in accordance with the contract. We also have you charged with $100.00 paid to C. H. Turner on order of Adams & Silver; $263.00 for labor claims and toe for the Whiting draft, making the total $37432756 his would therefore leave you due us $283.88. If you wish to take up the Whiting draft, we will then be due you this amount; and if you will give us bond to protect the labor liens amounting to $263.00, we will then be due you this amount. Also when you send in deeds for the rights of way for the railroad, we will be due you.credit for $500.00. In order to ma ke the matter perfectly clear we are enclosing statement which we trust you will find correct. If there are any errors we shall be glad to rectify them. Very truly yours, (Gerresin/ TreaBe AWORVILLE LINO, CO. mmenvLe, TE, 8B. R. THURMAN, PRESIDENT E. MORRISON, Secyv & Treas. Mey eend, 12915, Mr. JK. Charles, Old Fort, N.C. Dear Sir:- We are very sorry indeed that we have failed to make settlement this month for lumber cut last month, but have been greatly disappointed in getting in money that we had expected. 1 have waited from day to day thinking the matter would be arranged, having been promised that this would be done on the 17th. 1 still have not gotten this and find now that I will have to 30 to New York, which J will do Monday, hoping to med back “ednesday amd that I can send you anes. at thet time for the full amount. This is much ore of a dis- appointment to me than to you, but ig the result of my not getting papers handled that hud been promised. | 1 an greatly worried about the delay for I know it \ is a disappointment to you, but not so much as to me. i Yours very truly,, Piedmont uiardwood Co. Sec. & Treas. Lip tn cK lumber out, 268,790 feet at $18.50 Per M. ft. Hickory loge 7,000 feet at 10.00 ” Immber cut on Crooked Creek 123,868 feet et 2.50 " Legs out and skidded on Catawhe river 120,464 4 st 4.00": Legs ent in woods amd not skidded 84,153 ft, at so" * * Rent = Deo. let, 1914 to Sept/Pet, 1915 at 200 per mo. Lost profit en 6,000,000 feet of lumber at $1.00 per M. feet Lest profit on 15,000 cords of wood et 257 per cord Lost profit om © eorda of batk a per eé e $ 5,559.67 70.00 age a CREDITS. April 14th, 1915. oo $ 750.00 May " 350.00 Mey . 1000.00 June. * 400 .00 July 3th 100.00 Stumpage on wood and bark ___ 236 o45 $2835.45 ~ WHITE COAL POWER COMPANY INCORPORATED DANIBL W. ADAMS, OFFICE AND PLANT: Cuig¥y ENGINEER, ; Oup Fort, N. C. pare bid 0 2 ~ old Fort, N.C., July 24, 1915. Sin Claire Lumber Oo., Attention Mr. E. Morrison. Statesville, N. C. Dear Sir:- Please find enclosed statement O-«Ked by Banner showing cut up to date of 268,790 feet @ $12.50 per. M. equal $3359 .87 We have received payment on this of $2375 leaving a balance due $984.87 on lumber cutting. We have a letter from W2. S. Whiting stating that my draft for Quinton to Whiting on you has been returned protested. The lumber yard rent from Nov.20, to July 20, is eight months, deducting one month as per agree ment leaves a total rent due of $175.00 from which $125.00 was paid from last draft received from you leaving a balance due of $50.00 to July 20. Please send check for this amount of $984.87 plus rent $50.00 equal total of #10%4.87 as per release agreement. In reference Quintons subcontract Yn. Westerman owing a labor claim of $265.00. Quinton paid Westerman in full and over, the claim is therefore only against Westerman, hew ever ther is cut by said claimment labors and skidded by Westerman 125,000 feet of logs @ $4.00 equal #500.00 to take care of these itims should the Magristrate hold that Quinton ie liable for Westermans labor debts. ~~. WHITE COAL POWER COMPANY INCORPORATED DANIEL W. ADAMS, . OFFICE AND PLANT: CHIEF ENGINEER, Oup Forr, N. C. Old Fort, N. C., S.C.L.Co., #2: We J. M. Charles and F. W. Quinton are in full agreement as to the division of the money dué from your Company to us for logging and Adams and Silver, Quinton and Myself are 411 in full agreement as to the amount due Adams and Silver for sawing and rent which at present amounts to &325.73, there- fore we trust that you will send check to cover at once that the old Contract may cease and new Contract with Quinton then become effective. Very truly yours, : Dn ybud noe * RL A / 0° 0 id Mnetery barr (0) (6 St GUO Bo ase LI — A 9S- et lhe Le. x oa Ly i ot Arcee AC Ege Ff) theives Jur and 7 Legesp Lh_<LoF w+ ate ek jy rig hn § 5 , Betti SB gu, ef Lo he celirecnBZrR vx Fone ath ota Lhe (ott ef tact Ly "£2 | EGan ©o, Sa Gi) MANUFACTURERS OF MPROVED & PATENTED Ron hee ha al Viren ‘ eS UMIVERSELLE a) ODOM ORKING) ATTRA TSC IL Teas a | WE MAVE TAKENTHIS ae Pl ee hl ae td ~ =i PETITION WITH THE a ‘si Ne MACHINERY, ae map WAP sa <z a OF EVERY DESCRIPTION THE LIGHTNING’ LINE TRAOE MARK REGISTERED CABLE ADORESS EGAN CINCINNATI" CODES USED LIEBERS A\-WESTERN UNION-ABC 4™E 5™ EDITIONS NEW BUSINESS, MARCON! WIRELESS AND PRIVATE Oct.50, 1914. Aadress a/il Communications to the Company, not to Individuals IN REPLY PLEASE REFER TO . e de Old Fort, Iy.C. Dear Sir:- Under date of Oct.29th we have a report from our Mr. H. CG. Whitlock, who makes his headquarters at Fayette- ville, N.C., Box 542, advising that he had a very pleasant visit with you, and that you were very much interested in our No.370 and No.5¢ Band Mills. We enclose illustrated bullettins of these two machines. Mr. Whitlock tells us that it will be about 30 days before you are ready to close this matter, and we hope that at that time we may have the pleasure of booking your order, through our Mr. Whitlock. Kindly accept our thanks for the courtesy extended to Mr. Whitlock while in your city, and hoping to hear from you, we are, Yours very truly, J. Ae FAY & EGAN COMP General Ma This is a Co Your Order as we have entered upon our books. Kiadly Exam d Advise us at once of any Corrections. J. A. FAY & EGAN CO., CINCINNATI, OHIO WOOD WORKING MACHINERY THE “LIGHTNING” LINE H Trace mark R&R, MM Charl eas CABLE ADD aces: EGAN CINCINNATI’ BA. 1-' aR c Qd rt, North Carolina Their Order No. Entered 1 Y4A4 Atl Agreements are contingent upon Strikes, Accidents, Delays of Carriers and Other Delays Beyond our Control. cea ce cece scene nage aan aasBeeeSS —= #/2770 One Second Hand # 5-1/2 BAND SAW MILL to eaw through the center of logs 40° in dia, thkes 48"nnder the upper guidesmeasures 20° from the saw blade to the column, wheels 60° in diameter, 6-1/2" faces solid lower wheel» jmprove saw cuides, 16 Ft of # % Carriage, su ate ® logs up to 16 Ft in length. No. 1 Spuke Feed, fitted with four # 4 trucks, rus 2° diameter, truck wheels 10° dranete head blocks, knees to recede ‘suitable for logs up to 48% '# % Double Acting Fract lautometi 6 receding sp wheel shaft, Two 7° 1 No. OO59% mt dge each 6 Ft and 12” long. | mage for saws up to 7” wide. xhead and cross face hammers. | ning) Frame and Brazing Pads Improved Power Driven Log and Car H wi thest “hai n. One Log Carfiron work complete with trucks, 46° One "tower" Two Saw Trimier, for stock from 6 Ft to 16M. long (Nght Hand) | Ten Live Rolls 9° diameter, 24° face, complete wi driving mechanisa. No Wood vork. | F.0.B. Cincinnati, freight TERMS: ~$450. allowed to Old Fort, ¥.C. in 4 payments HOLD FOR SHIPPING INSTWCTIONS. in 4,8 and14 te Via Southern Ry. of $250.00 edchsps r from H.C Wai flock. monthe after |ahip ga. | on shipment md bea | } ments to be den Ce Meioweil County ¢ '. Jtuateber 19, 1914. horth Carolina \ . -is made &% supplemertory to that poriton of aerpsencnt wh cones ras ¢.\is day zace onl entered inte or and i Retyvean ‘che ps enwant liargwood Co.; anc J. uw. Charles ane reference ie cuiy mace te the original agroenent. a Sheresa as in said agreement stipulates that sain 7 4. Ch: aM . mne& log the merchantable Lumber and manufacture sane ang wrég 2t the pate efan average of 42500 Peet. Bovrs addin at aaa 2: days per wonth beginnin«s the tat day of Dec. it! Yo is Merther agreed that in consideration of the exisubic ffrarceicd status that cuper cue rot’ s: en or hafore Reo. 1 wo bths Steotrenk Yerdeond Cats ~ “Ss pre 8s Dia OL Ay Fs eee peg Png. tome a notte ae ott ets: CIBLL AS ce tia Hl, ewe we CC — Se 4 Pte To ue a . ; - ee =. as =? ” Rule ee ee ee ; oie od GO) F as ~s ¢ Vy a 8 a “ka = a rordse ur fn four Sottyg frow date af nuotifieation thai sada Gharlcs Fhalki nov sy any finan 7 sifd gdnutraet for tat oxgept tbe extract cin ranty, vond and ar VL irrber. &FGer aapiration of suit Fey man ths Lhe #4: contract. shall be: in ferce ing effrest. é EL a6 £Sophker widerstooa that in the erend tne. sare > be tribronad Oe, Sal] avail atseekf of the Piur pentss rerise “ere-vy agrees tq advange tod. He Charlies the aaa.of SLbef, ROLLS 24 corved (hit “fhe TARY nouths, pertad 39 sontrad.. * svgx, of BREA ye tt {ff so edyanced. oe i Hatt hy: ante Ih Cubs ssi; as¢ los iny under wat ar, Scene £8 fe furl ’er wg ona ree nG gEPGoo that tue°> sais BarPawoon, Co.,° 7h. bt. SUrHLSEH tie saad ¢ Dee that ae i Do. OP Cer the “wurne se f seeurdes rivics for igs ejay veilwry porposese Phe Gea Oreo Fa nie PRBS A fe Gin NF Pewee Te 2a. 4 ~ Cone ere (of =. traek fat th. ratcis at G1 gravis vii, oe. th Serre ts WarG &O Po Ce ced by #he Pleamaw bhardcoar veg anc: tO 'l-} purpose Or manutaeiursiam duper, yi, Bet os ‘Kyte BUS noid. 1.6 @ade Charles. when weeret Ur in Pee. y! oy oti. yas 19 2 marine. ele G@PP burn G ‘ 1 , ae : we + ea g, oe we Ping pe — - ot Ye es $3 a oe Pt < «3 ‘ ¥> SEUEs.. Sys” t eS VIED , Sr , 1 7 , aye et eine RING 4.baee OAR Er 2 OG a as te za Set sree t 3 NORGw aay. Tor the setts beartoce Coes (9 ocouuy sna erouydg ot de.e Uharlies wits thor Tuxbe .OPr tit woe af said prirviere. # & Lg? Ii CUSPLMOURY, Wise, thessudt party of ther first. pers - causeé .iLese presents to be eigned in its nar®, Dy ts prndeent ’ yy i Pe : . uttostoa b, Ats Caoretery ant ats cornorate scal to he hereto sO ow ’ affixea, all by order of its ioard of Directors, and the sric narte.. of the second part: hes hereimts set bin hand and seal, this the ay and yoer first above writta:. Ptecmont Hardvood Company, LE Thar man Yrazident. July 19, 1915. Mews 5. 3t. Clair Jumber COey “Statesville, 8.Q., ‘Dear Sirs: | Your telegran. and lc tter in reference to contract. retease are received. . . x a wh 11ing to rolease the contfact 4g stated to you but- tthere are ‘éertadn sondd tions which nin ve “necessary to comply whe for our mutual protegtion} 4 First, Full oe for luaber manufactured and tee out t a an the waods, Second, ‘That the ground at Old Yort occupied by your lumber © sust. be paid for et contract rate of $25. per lionth unt4l all lumber on the ground is removed, a I will use the noney received sor logs eut and skiteed in wid wwe woods euvout 125,000 ft. -at 94,00 per Siege tO Day off all liens due for cutting anu pay balance to Quimton . There are also svuue loge in & ig woods cut at a cost of 80 cts per Mewhich o:n be scaled alge, | Anytime »ou will comply with these necessary conditions the contract be promptly asgig¥ed back to ;ou, : Regretting the circumstances but the were unavoidable, 2 beg to remain, Very truly yours : Apt Chnts Vice Pres. ANO Secy. WM. SINCLAIRE, E. MORRISON, Treas. ILTON H. SALMON, Pres. . e € SINCLAIRE LUMBER Co. HARDWOOD LUMBER SRC MAREE. Ast BEECH, 80 WALL STREET TELEPHONE CONNECTION QUARTERED OAK, PLAIN OAK, POPLAR, RED AND SAP GUM, CHESTNUT, BASSWOOD NEW YORK Statesville, N. C.. erarmavicue, Nec. July 22, 1915 MILL: OLD FORT, N.C. Mr. J. M. Charles, Old Fort, N.C. All quotations subject to prior sale and immediate acceptance, and no purchase or sale is binding until confirmed by letter from home office. All contracts are Contingent upon strikes, fires, shipped, purchaser shall pay freight, unload and hold entire tailroad delays, and other causes beyond our control. In the event of complaint by purchaser on the quality or quantity of material shipment intact, properly protected, and shall file‘complaint with seller within five days after receipt of shipment. Payment of freight shall not be considered an acceptance of the shipment, nor shall such payment work a forfeiture of the right to enter complaints and make adjustments. Each car to be treated as a separate contract. Deer Sir:- I am in receipt of your letter of the 19th ‘ and note that you are willing to release the contract existing between us. I accept the conditions for can- cellation of the contract or release, as you express it, upon the conditions mentioned in your letter. I beg to call your cttention to Mr. Quentin8s letter addressed to us, a copy of which I enclose. Very truly yours, Sinclaire Lumber Company, .. A el Treas. ZL Vice Pres. ANO SEcy. E. MORRISON, Treas. zw H. SALMON, Pres. WM. SINCLAIRE, t Pg. SINCLAIRE LUMBER Co. HARDWOOD LUMBER Be oe eee 80 WALL STREET TELEPHONE CONNECTION QUARTERED OAK, PLAIN OAK, POPLAR, RED AND SAP GUM, CHESTNUT, BASSWOOD NEAWX DORK RiLoelaleonsNle Stat esville, Ne Cs BRANCH OFFICE: Auge 27, 1915 STATESVILLE, N.C. Mr. J. lie Charles, Old Fort, N. C. Dear Sir: All quotations subject to prior sale and immediate acceptance, and no purchase or sale is binding until confirmed by letter from home office. All contracts are contingent upon strikes, fires, railroad delays, and other causes beyond our control. In the event of complaint by purchaser on the quality or quantity of material shipped, purchaser shall pay freight, unload and hold entire shipment intact, properly protected, and shall file complaint with seller within five days after receipt of shipment. Payment of freight shall not be considered an acceptance of the shipment, nor shall such payment work a forfeiture of the right to enter complaints and make adjustments. Each car to be treated as a separate contract. I am advised by ltr. J. E. Patton that you wish to arbitrate the differences between us as to the amount that may be due to you or to us under the former contract with you. This is entirely agreesble with me as I have written Mr. Patton, and I shall arrange to have y attorney in Old Fort Sept. 2nd, unless something unforeseen should prevent. He is out of town today; will not get back until tomorrow night, and I am of course unable to say at this time positively that he can be there on the end. It may be necessary, therfore, to change this date, but I am writing to say that it is agreeable to me to arbitrate the :natter at the earliest possible moment, and I agree to be bound by the decision of the arbitrators, and shall be glad if you will advise me if you will also be bound b, the decision. I do not care to arbitrate the matter, unle:s it is distinctly understood that the decision is to be binding on both parties. Please let me hear from you at once, Very truly yours, LeM ath Trease, Sinclaire Lumber Co., WHITE COAL POWER COMPANY INCORPORATED OFFICE AND PLANT: OLD Fort, N. C. Old-Fort, N.C., August 28, 1915 Mr. E. Morrison, c% Saint Claire Lumber Company, Statesville, N. C. Dear Sir:e Your letter of August 27, is received. It is agreeable td.mdto aritekate Oo ss we *S “ “aifferences on that day and I am wilting to be bound by the decision of the arbitrators. If anything happens that you cannot be here on that day it will be necessary for you to give me two days no- tice of the fact in order that I may not go to any un- neccessary expense in getting ready. As I understand it the arbttrators will meet at Old Fort. Very truly yours, VM bterte, North Caroline, McDowell Couhkty. This Agreement made and entered into this the @th. day ef . September, 1918, by and between J.M.Charles, ef MeDowell Coukty, N.C, and the Sinclaire Lumber Company, a corporation with its principal effice in the City of New Yorks_. WITKRESSETHEH b . ¥hat Whereas certaipidifferences exist between the parties te this agreement ariting out of a contract entered into by J.M. Charles and Piedmont Hardwood Company,whidh contract was assigned by Riedmont Hardwood Company fe the Sinclaire Lumber Company; Ani Whereas suit has been brought by Sinclaire Lumber Company in the Superiar Court of Iredell County against J.M.Charless; And Whereas, it is the desire of all parties that the matters in mwntroversy between them arising aut of said contract shall be settled by arbi- tration and that said contract shall be delivered up and cancelled. How, therefore, It Is Hereby Agreed that all matters and things in controversy between the parties to this agreement and arising out of said contract shall be submitted to W.C.ERWIN, who shall hear the evidence submitted to him by both parties to this agreement, and shall render his award in writing to the Superior Court of Iredell County, which awar@ shall be a final determin&tion of the rights of the perties and judgment shall be signed in accordance with said awaéd. It Is Agreed further tiat the award made by said arbitrator in pursuance of this agreement shall be a rule of Court. In Testimony Whereof, the said J.M.Charles has placed herete . his hand and seal and the Sinclaire Lumber Company has caused this agreement to be signed in its corporate name by its Treasurer. zate VY (SEAL) Claire Lumber C ‘freasurer. Bill of Coste—Civil.—Printed and for sale by Brady, The Printer, Statesville, N. C. | Original Summons, or other original process, including all | names therein | Every copy of same | Bond, including Justification Appeal from Justices | Appeal from Clerk to Judge | Order for enlarging time of pleading Interlocutory Orders Attachment, Order in Injunction Order, including Bond aud Justification. . . Order of Arrest Subpoena, each name Notifying Solicitor of Removal of Guardian .. ... - .- | Continuance ] Caveat to a Will, entering and docketing Impaneling Jury Justification of Sureties, except as otherwise provided. . Judgment final in term time Judgment fina) before Clerk Judgment in favor of Widow’s Year’s Support. ... . . Docketing same Docketing ¢x parte Proceedings Postage, actual Transcript of Judgment Brecttien-ead Sheriff’s Return Appeal to Supreme Court, including Certificate and Seal 2.00} Transcript to Supreme Court. . . . copy sheets, each.. =. 10} __ County Tax, when Jury impareled : } ] ae “ | | | | | | (*apod 293 Aq pexty sy) “HIA--S1S00 40 118 “LANIOW TIAII