UA, SIW 8/18/1863

The State of Alabama
 
   This Agreement made this 18th day of August AD 1863, by and between the Alabama Coal Mining Company of the first part, and the Shelby Iron Company of the second part; both parties being bodies corporate of said state and herein acting by their respective presidents, who are fully empowered herein to act, for their respective companies; Witnesseth, That heretofore on the 26thy day of June 1862, that party of the first part entered into a written contract in due and legal manner with the party of the second part, and therein and thereby bound itself to deliver to the party of the second part written one year ensuing, and at regular periods during that year, Three thousand tons of coal from its coal mines in the County of Shelby, at and for the price of Six dollars per ton, with a discount of 25 cents per ton in case of prompt payments by the party of the second part; which terms were accepted by the party of the second part, who bound itself to receive and pay for said coal accordingly.
   Under said contract, the party of the first part delivered to the party of the second part Seven hundred and twenty eight tons of coal prior to the 10th day of January 1863, at the contract price, and subsequent to last date delivered One hundred and twelve tons; leaving Twenty one hundred and sixty tons undelivered. In consideration of this present agreement, the party of the second part has agreed and hereby agrees to pay for the one hundred and twelve tons of coal delivered since the 10th day of January last, at the rate of Ten ($10) dollars per ton, and to release the party of the second {see note at end of document} part from all further obligation under said contract; and in consideration thereof the party of the second part is entitled to use and shall have the right to use as herein after specified, the rail road which heretofore belonged to the party of the first part in Shelby County, since sold to the Montevallo Coal Company; that is to say, the party of the second part is entitled, and shall be entitled to the use of said rail road one entire day in each week; or to the use of it at different times and days during each week, equivalent to one entire day in each week; the time or times at which the said party of the second part is to use said rail road, to be regulated by agreement with the Montevallo Coal Company, or its superintendent, or whatever other company or party may be the owners of said rail road, so as to prevent conflict as far as possible, in the use of the road between the party of the second part, and the said Montevallo Coal Company, or whatever other company or party may be the owner of said rail road. The terms of this contract were understood and agreed on by the parties to the contract, some months ago, but the contract was not formally closed and the understanding and agreement existed while the party of the first part was the owner of said rail road. But since then a party of the first part has sold to the said Montevallo Coal Company the said rail road; and in the contract of sale of lands to said Montevallo Coal Company, including said rail road, stipulated with the latter company (being one of the conditions of sale) that it should make good this contract with the party of the second part, so far as relates to the right of the party of the second part to use said rail road as set forth in this agreement; provides that the right of the party of the second party to use said rail road as herein stipulated shall cease on the first day of January Eighteen hundred and sixty seven (1867).
As to the Shelby Iron Company
Witness
R. L. Kay
C. J. Hazard
 
Shelby Iron Company 
by A. T. Jones
President
 
Alabama Coal mining Company
By C. Robertson
President
 
As to the Alabama Coal Mining Company
Witness W. J. May
J. N. Kindall
 
The word "second" in the 13th line from the top of second page should be "first". C. Robinson Prest/A. T. Jones Prest
January 27, 1864

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