| This Agreement made and
entered into between the Shelby Iron Company of the first part and R.
W. Moore, J. L. R. Leonard and B. F. Graves (contracting under the
name of Moore, Leonard & Graves) of the second part Witnesseth:
The said party of the second part hereby agrees to complete the work
yet to be done on the Rail Road of the party of the first part, and
have it ready for the cars by the first of August next. The party of
the first part paying for the same as follows, on the completion of
said rail road, one dollar and twenty-five cents per yard for
excavation of solid rock, fifty cents per cubic yard for excavation of
loose rock, or hard pan, twenty cents per cubic yard for earth
excavation, and twenty cents per cubic yard for road embankment; six
hundred dollars per mile for the superstructure (that is for laying
the cross ties and putting on the stringer or longitudinal pieces
& the iron) three dollars per foot for trestle work, three dollars
per foot for log drains; and for foundation timber thirty dollars per
thousand; for getting and hauling cross ties thirty cents each, for
hauling cross ties already cut eighteen cents each. The party of the
second part are to get out and haul all the cross ties and timbers for
drains and trestles that may be necessary to complete the said road
having the privilege of getting them off the land of the party of the
first part. The party of the first part are to furnish the iron,
stringers and fastenings at the end of the road at their works,
convenient for loading. They are also to furnish tram cars to enable
the party of the second part to transport the stringers and iron along
the road as the superstructure is put down, the trams belonging to the
party of the first part. Payments to be made in iron at the works of
the party of the first part, as follows |
| For Rounds &
squares Iron viz. |
| 1/4 |
inch |
twelve |
cents |
(12) |
per |
pound |
| 3/8 |
" |
ten |
" |
(10) |
" |
" |
| 1/2 |
" |
Nine |
" |
(9) |
" |
" |
| 5/8 |
" |
Eight |
" |
(8) |
" |
" |
| 3/4 |
" |
Seven |
" |
(7) |
" |
" |
| 1 to 2 |
" |
Six |
" |
(6) |
" |
" |
| 2 1/8 to 2 3/8 |
" |
Seven |
" |
(7) |
" |
" |
| 2 1/2 to 3 |
" |
Eight |
" |
(8) |
" |
" |
|
| For Flat Iron |
| 1 |
to |
1 1/4 |
x |
3/8 |
to |
7/8 |
Twelve |
cents |
(12) |
per |
pound |
| 1 3/8 |
to |
6 |
x |
3/8 |
to |
1 |
Six |
" |
(6) |
" |
" |
| 1 3/8 |
" |
6 |
x |
1/8 |
to |
1/4 |
Twelve |
" |
(12) |
" |
" |
| 1 3/8 |
" |
6 |
x |
1 1/8 |
" |
2 |
Eight |
" |
(8) |
" |
" |
| Hoop Iron |
Twelve |
" |
(12) |
" |
" |
| Horse Shoe |
Twelve |
" |
(12) |
" |
" |
| Nail rod |
Twelve |
" |
(12) |
" |
" |
|
| Iron made to sixteenths the same price as
the next up size. The quantity to be delivered not to exceed Ten
thousand (10,000) pounds of the Hoop Iron, Five thousand (5,000)
pounds of the nail rod and Twenty thousand (20,000) pounds of the
Horse Shoes; the balance to be of the sizes of Iron as stated in the
Schedule at six cents per pound, unless by consent of the party of the
first part. |
| Payments to be made monthly,
and to commence on the completion of the road, say one fifth (1/5)
each month. In case payment cannot be made promptly at the times
stated interest shall be allowed (to be paid in Iron at the prices
stated in the Schedule) at the rate of eight per cent per annum, until
the iron can be delivered. |
| In case the party of the
second part shall fail to complete said rail road by the first day of
August next (1864) they shall forfeit and pay to the party of the
first part each day beyond that time Fifty dollars in Iron at schedule
prices; and in case the party of the first part shall delay the party
of the second part in their work by failure to have ready the iron or
stringers or fastenings, they shall forfeit and pay to the party of
the second part for each day so delayed Fifty dollars in iron at the
schedule prices. In case the work should be interrupted by the
proximity of the enemy, or cause interruption at the works of the
party of the first part no forfeiture shall attach to either party for
delays from such cause. |
|
Witness our hands this 13th April 1864
|
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Shelby Iron Company
|
|
by A. T. Jones
|
|
|
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Moore Leonard & Graves
|
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by J. L. R. Leonard
|
|
|
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{On the back of the contract}
|
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Office Shelby Iron Co.
|
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September 16th 1864
|
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Status as endorsed on contract held by us, viz:
Ten thousand dollars payment as specified in the within contract.
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Moore Leonard & Graves
|
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by J. L. R. Leonard
|