The Horry herald. (Conway, S.C.) 1886-1923, August 16, 1923, Image 9
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<finj
accordance with their cor4 ^ ~t will bo
raised to degree that can*ot he osti- 1
mated. This increased cost of market- '
jng and the defection of the defendant ,
has caused ind will cause dissatisfac- '
tion among other members of Daintiff
and will encourage other members to
rease to deliver to plaintiff: said defection
will also movent the normal
increase in the number of plaintiff's 1
10. By reason of the foregoiji'y facts. 11
plaintiff will he damaged in an 1
imount which cannot be ascertained,
o .1
No Worms in a Healthy Child 1
All children troubled with Worms have an uohealthy
color, which indicates poor b'ood, and as a
rule, there is more or 1 ess stomach disturhauce. *
GROVE S TASTELESS CHILI, TONIC tfiven regularly
for two or three weeks will enrkh th blood,
improve the uigcstion, and ..I'tas a genera I St reodth- j
ning Tonic to the whole system. Nature will then throw
off or dispel the worms and theChiid will be l
tn perfect health Pleasant to take. 80c per bottla i
These east-iron
installed in eonneclion
with reclamation,
irrigation and drainago
work. The Caleo automatically
protects the land from freshet,
tide and flood?enables crop plai
all seasons?makes crops ^row where
fore?and never fails to work. Vei
in any size from 12 inch to 72 inch,
? Write Pep't C For Descriptive
Dixie Culverl
ATLAN
V. *
^ ftjl*
, ?*.< A* v? ****?<*># ***%
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