| 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 |
|