t . . CoMa CaitM Grip and InfluMia LAXATIVE BROMO QU1N1NV Tablets remov# ,.^jbe owt. There U only ocm "Bromo Quinine.' V^? GROVE'S signature on box. Dc. ASPIRIN Say "Bayer" and Insist! Unless you see the name "Bayer" on package or on tablets you are not getting the genuine Bayer product presaribed bv physicians over twonty-two years and proved safe by millions for Colds Headache Toothache Lumbago Earache Rheumatism Neuralgia Pain, Pain Accept "Bayer Tablets of Aspirin" only. Each unbroken package contains proper directions. Handy boxes of twelve tablets cost few cents. Druggists nlso sell tattles of 24 and 100. Aspirin is the trade mark of Bayer Manufacture of Monoaceticacidoster of Salicylioacid. fi Repai: We wi sell at pub * 30tK, a great number of \ for a period of two years any description now is yoi bargain. These watches to $25.00, and will be s< Don't miss the opportunity | as the prices of* watches ai account of the high tariff. ^ pick at eleven o'clock, A you cannot come send a b J. E. DJ I! ? ? ("the ICLEARIK ] at: SPAR!1 il| will run until Satu !!j All summer goods ij; cost. All ladies', miss lj| hats one-half the s / Now is the time | summer wear at i | Give us your II money. Our fall stock i HI and we will be b< fit you up with t trimmings than ei .] We will also hi i|i to-date line of M III ever had and a th l| tent milliner to sei HI way has ever had \ Yours to ; THE SPARK' r < f v f I throws light ' on contracts ; j Usual Form of Complaint Ask- ! ing Injunction Against < Breach ! Just at this time there is considerable interest being felt in the nature i of the rights of the Tobacco Growers 1 Cooperative Association as to the ] crop that is raised by either the land'ord himself, .or by the tenants of the 1 andlord. Several articles have appeared in the local papers regarding suits for injunction and damages for breach of the contract that was signed up for a period of five years by the members of the association. Several suits have been filed in this county and details regarding those have appeared in this [teething babies J I need food rich In I I bone-building materials I ]Scott's Emulsion! J1 provides much-needed ^ J bone-food. , | PREVENTS RICKETS iftf v Sale lie auction, on August the matches accumulating now . If you need a watch of ! ur opportunity to get it at a < range in value from $1.00 Did to the highest bidder. / to get on of these watches ( id clocks are advancing on Be on hand get get your || aigust the 30th 1923. If uyer. I VWSEY ttmttnntttnmutmutmntnttitmumiit BIG I !G SALE riiK CS CO. I I H > relay, August 25. | cut to and below ijj { . ;;; es and children's ;jj average price. : to get your late ? i bargain. li o g trade and save jjj s now coming in, 1 stter prepared to jjj dress goods and ill | /er before. ive the most up- I illinery we have r| j toroughly compe- 1 rve you that Con- J ? I please, ? a COMPANY J THE feORRY HERALD, OONW paper. The complaint in the suits filed varies to some extent according to the differing circumstances of each case; t>Ut the usual form that is used in these suits is brought under the provisions. of the* contract whereby it agreed that the association may have an injunction against the breach of the contract and a decree for specific performance of the contract. The general form of the complaint may therefore be of interest to the tobacco growers just now, and for that reason the form of complaint here follows : The plaintiff, complaining of the defendant, alleges that: * 1. Plaintiff. Tobacco Growers' Cooperative Association, is a corporation created and organized on the 9th day of February, 1922, and now existing under and by virtue of an Act of the General Assembly of North Carolina, ratified the 7th day of March, A. D. 1921, known as "The Cooperative Marketing^ Act," a copy of said Act being hereto annexed and made a part hereof marked "Exhibit A." 2. During the years 1921 and 1922. 'nd up to the time of the creation of this plaintiff as aforesaid, many tobacco growers of the States of North Carolina, Virginia and South Carolina entered into negotiations among themselves with a view to forming and organising an association for the cooperative marketing of tobacco, and to improve the industry of growing tobacco because? for a long time prior thereto, the tobacco produced by such growers was often subjected to seculation manipulation and the growers were unable to realize the cost of production and of marketing their tobacco and the business of producing and marketing their tobacco had become extremely hazardous. 3. In order to form such cooperative association and to remedy the existing tvil, the interested parties formed an organization committee and this committee circulated a printed form of application for membership and a printed form of agreement for the creation, establishment and organization of a cooperative marketing association. Tn contemplation of the incorporation and organization of such association defendant, together with numerous o'.her tobacco .e 'owers of the aforesaid States, signed, executed and delivered to said organization committee a printed form of association agreement, which is hereinabove mentioned and which was known as Tobacco Growers Cooperative Association Agreement and Contract. A copy )f said writing as signed by said defendant is annexed hereto, made a sart hereof and marked "Exhibit B."1. Similar agreements were signed, executed and delivered to the organization committee by many other tobacco growers in North Carolina, Virginia .and South Carolina prior to January 1st, 11)22, to the end and for the purpose of organizing a non-profit, cooperative marketing association, without capital stock, and of promoting. fostering and encouraging the business of marketing tobacco cooperatively and in an orderly manner, of reducing Sp ?cul:?f :^n and of stabilizing he tohneco mnvket. 5. By said writing, signed as aforesaid, defendant, among other tliln""'pplied for membership in plaintiff v HORRY COUNTY! TRUST CO. L. D. MAGRATH, Manager Real Estate, Bonds and Insurance. I Q Q QQ2ISinOIBB9 Q CSS9 ESIQ ISSl E3S3 D CZDSODDSEDOSID U Q Q Q23Qm3DDiD OIB3ICBBIDE9 C3?D Q C3Q2E3SB3Sffl319 Q I Weak 1 i Back li Mrs. Mildred Pipkin, of ; R. F. D. 8, Columbia, Tenn., j says: "My experience with ! |E Cardui has covered a number of EE |R years. Nineteen years ago .. . HU I got down with weak back. I r j was run-down and so weak and I nervous 1 bad to stay in bed. I IB I read of B" I CARDUI II The Woman's Tonic 1 !li and sent for it. I took only one 00 1 bottle at that time, and it helped \ 3 me; seemed to strengthen and ] build me right up. So that is j | how I first knew of Cardui. \ j 99 After that, . . . when I began to II get weak and 'no account', I Ulj j sent right for Cardui, and it j n never failed to help me." If you are weak and suffering j H from womanly ailments, Cardui |J J 39 may be just what you need. JL Take Cardui. It has helped lili thousands, and ought to help jn j \ y?uAt all druggists' and dealers'. ; J ! I E 97 DU AY, S. 0, AUGUST 16, 1923 : : r association. 6. Plaintiff and its organizers and I said organization committee have duly performed all of the conditions of said Tobacco Growers Cooperative Association agreement and contract on their part. By January 1, 1922, signatures of tobacco growers or of landlords or tenants or lessors or lessees of land on which tobacoc was and is grown (such landlords or lessors receiving all or part of their rental in tobacco) covering at least one half of the aggregate production of tobacco in the States of North Carolna, Virgina and South Carolina, during the year 1920. were secured by the said organization committee, and agreements signed by tobacco growers or j landlords or tenants or lesssors or lessees of land on which tobacco is and was grown (such landlord or lessor receiving all or part of the rental in tobacco) were executed and delivered to said organization committee prior to January 1st, 1922, and the tobacco grown or controlled by said persons who executed and delivered said agreements aggregated an amount exceeding one half of the total production of tobacco in said states of North Carolina, Virginia and South Carolina in the year 1920. Said quota was not reached until after July I, 1921. 7. On tlio 9th day of February, 1922, as aforesaid, the organizers of said plaintiff filed its Articles of Incorporation with the Secretary of the State of North Carolina in the manner provided by snid cooperative marketing act. Said Cooperative Marketing Act was and is appropriate legislation for the organization of this plaintiff as a non-profit association, without capital stock, and this plaintiff was, therefore, organized under the laws of the State of North Carolina. 8. On the 10th rlnv of Kohrunvv 1022, this plaintiff accepted said application of defendant and ratified said agreement, "Exhibit B," and on or about the 10th day of February, 1022, notice of the acceptance of defendant's application for membership and that his signature t? said association agreement was deemed, to all effects, the same as a separate signature to a! marketing agreement, was mailed atj the United .States Post Office, postage( prepaid, to said defendant at his address at , , South Carolina, as the same appears in said association agreement and contract. 0. On the 5th day of January, 1022, the organization committee of plaintiff executed a written statement, signed by its chairman, to the effect that sufficient signatures covering a sufficient quantity of tobacco had been secured, as aforesaid, and a Copy of Said written statement is here annexed and marked "Exhibit C." 10. By said marketing agreement, . annexed to said association agreement. defendant agreed to sell and deliver to plaintiff all of the tobacco produced by him or for him or acouired by him as landlord or lessor during the years T022. 1028, 1024, 1025 and 1020. Plaintiff is informed and believes and therefore alleges that defendant has produced and acquired pounds of tobacco, of thet022 crop, which said tobacco was picked :md cured by the day of , 1922. On or about , 1022. plaintiff notified defendant. to deliver his said tobacco to n warehouse at ... None f said tobacco produced or controlled hv the defendant, as aforesaid, was covered by existing contract or crop mortgage. 11. Defendant has failed, neglected j ind refused to deliver any of his to-1 too to plaintiff in accordance with! his said contract? nnrl nlninfi-rr sI formed and believes, and therefore alleges,, that unless restrained hv this Honorable Court, defendant will deliv- i er all of his said tobacco, to-wit: ' Piles Cured in 6 to 14 Hays Vuggists refund money if PAZO OINTMENT fails o cure Itching, Blind, Blooding or Protruding !!e.v Instantly relieves Itching P''*?, and you n net iT'stfvii e.'^T first annlieation. U>-> Prl'oei of all (404) M ?/V CommodlMi# Ofly jy ^ flSw j O'xxiyettf 7^. 19141919 1910 191 1919 1920 1921 1922 1923 IT'S always a good time to buy Goodyear Tires, for, as this chart shows, Goodyears are priced extremely low, year in and year out. But now is the best time, because Goodyears are selling today 30% below 1914 prices, and their quality now is K?f fr AC * IA ? *?'? ? w % ? V A A M A A v V v> 1 before. A* Goodyear Seroice Station Dealers toe tell and recommend the new Goodyear Cords with the beveled AllWeather Tread and back ^ them up with standard J> Goodyear Service lUJCK MOTOR CO. Conway, S. C. GOODYEAR vi~ ??garf. i pounds to persons other than plaintiff unci will sell che same to said persons. Plaintiff is informed and believes, and. therefore, alleges, that defendant has announced that he will not deliver any of his suid tobacco to plaintiff in accordance with the terms of said agreement Exhibit "B" and that a demand for the delivery of suid tobacco to plaintiff will be useless md that defendant, unless restrained and enjoined by this Honorable Court, will fail, neglect and refuse to deliver his said tobacco to plaintiff, will violate his agreement and sell and dispose cf his tobacco to other persons, to the damage of plaintiff in an amount which cannot be ascertained. 12. Said agreement "Exhibit B," as appears on the face thereof, and a\\ obligations, terms and conditions thereof were and are in all respects just, fair and reasonable between U.e parties thereto and there was and is an adequate and fair consideration for the obligations of the parties set forth in said agreement, and the rights and obligations of plaintiff and defendant ? under said agreement are mutual and reciprocal. Plaintiff is and ever since its said incorporation has been ready, able and willing duly to perform conditions of said agreement on its part and to receive, grade and market defendant's tobacco in the manher provided by said agreement, and plaintiff hereby 4 offers fully to perform its said agree- , mcnt upon delivery of said tobacco to it, and further offers to do complete equity in the premises. 13. As appears from said agreement, "Exhibit IV all of the signers thereof were, and were required to be, growers of tobacco or landlords, tenants. lessors or lessees of land on which tobacco is grown, and no others; which said landlords or lessors receive all or part of their rental in to bacco. That one of the covenants and agreements of the cooperative marketing agreements signed by defendant and all other members is as folloNvs: "The grower agrees that in the event of a breach or threatened breach by him of any provision regarding: dolivery of tobacco, the association shall be entitled to an injunction to prevent ' breach or further breach thereof and to a decree fV>r specific performance hereof; and the parties agree that this is a contract for the purchase and sale of personal property under special circumstances and conditions, and that the buye1* cannot go to the open markets and buy tobacco and replace any which the grower may fail to deliver." 11. Failure to deliver tobacco to ! plaintiff in accordance with the terms of said agreement, will defeat and de- J stroy the purposes for which the ' plaintiff was formed, as it is necessary in order to carry out said purposes, for plaintiff to control a large quantity of tobacco, which it will not he able to do if its members violate their agreements, as under the law and its organisation agreement it i^ rot permitted to purchase tobacco in : the inon market, and without such < control n'nintiff cannot attain anv rr i I the ob jects for wnich it was organized, j 15. If*defendant fails to deliver his tobacco, plaintiff will he damatred in an incalculable amount in that i^ will lie unable to secure the amount of to .banco it was organized to handle and I will thus bo unable to prevent the ; manipulation of the tobacco market ' M.nd accomplish one of the purposes of the organization. Plaintiff will bo further damaged in an incalculable amount by defendant's failure to deliver said tobacco, in that the pro iatcost of marketing the tobacco of plain- 1 tiff's members who doh'ver tohacc# ***% F. J. SULLIVAN & CO. Certified Public Accountants (Ut.) Telephone So. 796 Murchiaon Bank Bld^* WILMINGTON, N. C. T. B. LEWIS Attorney and Counsellor at Law CONWAY, S. C. D. A. SP1VEY & CO. W. B. King* Secty. Bonds and Insurance Ortice in Peoples National Bank Building. FORD & SUGGS Attorneys at Law Offices at Conwav, S. C. Loris, S. C 5-1-13m "K. B. SCARBOROUGH Attorney at Law CONWAY. S. C. WILLI AM EUGENE KING Physician and Surgeon AY NOR. S. C. H. H. WOODWARD Attorney and Counsellor at Law CONWAY, S. C. ENOCH S. C. BAKER Attorney and Counsellor at Law OtVice>* in T:\vlor Building CONWAY, S. C. >-9-3m La w Offices of M. C. HARRELSOX and R. R. II VRRELSOX MULLIXS. S. C. DRS. LEWIS & Bl"SBEE Dentists X-Ray Equipment Office^ Over Horry Drug Store DR. J. D. THOMAS Physician and Surgeon LOR IS, S. C. MARION A. WRIGHT Attorney at Law Offices Spivev Building ( OXWAY, S. C. S. C. DUSEXBURY Attorney at Law Spivev Buildinj? COX WAY, S. C. DR. E. P. ALFORD Dentist Located in Mullins, S. C. Office over Champion Shoe Store. tf. DR. J. T. RUT LEDGE Dentist Offices Over Conwav Hardware Co., Old McCord Stand CONWAY, S. C. o MAKES GOOD SALE J. D. Montgomery was in Conway last Monday attending' the tobacco sales. He has placed a portion of his ?rop on the market and realized a ?0"'l price for the nrimin?\s. He is selling1 at the cooperative warehouse. ***** TOBACCO AND COTTON B. F. Watts has six acres of cotton unci six acres of tobacco on the \V. F. Stackhouse place at Socastee, this year, and both crops are doing well. Hp exnects to raise a half bale of cotton per acre. Up to the end of last week he had snM his nvi^iings from the tobacco crop as follows: Four hundred and thirty-four pounds at nineteen and a half cents; i>ne hundred and eighty-four pounds :>.t twenty-seven cents. Ho was here with the second curing1 List Tuesday. Lind plaintiff lv.:s no plain, speedy or adequate remedy at law and will be irreparably injured and will bo without remedy in the premises unless an njunction is granted in the manner ijrased for herein. IT. Plaintiff has incurred for the nosecution of this action an indebtedness to its attorneys in the sum of dollars, which said sum is a - ^onable sum for prosecution of this ict'cn. o The Quinine That Does Not Affect The Head Because of its tonic and laxative effect, LAXATIVE KROMO QUININE (Tablets) can be taken >y anyoue without causing nervousness or ringing u the head. E.W. GROVE'S signature on box. 30c. CO Automatic ainago gate Turns swamp lands into farm lands, by keeping land thor- j oughly drained and preventing back water floo ding. II 11 iuriis no aueuuon, ^ V for it is absolutely "tr.rk; while y?u sloePutintf at * none grew be* ~~ "* ry inexpensive. Matlo * Folder and Price List t & Metal Co., < TA, GA. - . 1 ?el %? JJWRyy '.?*< ' f ? VW