Melville Fuller

“ One of the defendants was called by complainants as a witness, and, though apparently an unwilling one, he admits four shipments of balsam to Atlanta, Ga., in 1879, 1880, 1883, and 1884; a shipment in 1879 to New York; a shipment in April, 1880, to Philadelphia; and identifies an entry on defendants' sales-book of a shipment to Coffin, Reddington & Co., San Francisco, Cal., in 1878, charged to Smith & Co., of Dayton, Ohio,-although Georgia, New York, Philadelphia, and California were all within complainants' territory. ”

“ Evidence was also adduced of shipments by defendants to Henry, Curran & Co., at New York, in 1874, 1875, and 1876, not for sale in defendants' territory, but for the general purposes of the eastern trade, and sold within the territory embraced in the original transfer to Butts, and of sales directly by Park & Sons to Crittenden, and McKesson & Robbins, of New York, in 1878, 1880, 1881, and 1882. ”

“ Park
No question arises in respect to the sale and transfer by Williams to Butts, and by Butts to Seth W. Fowle, and the acquisition by complainants of all the right, title, and interest of the latter, nor as to the sale by Williams to Sanford and Park, and the passage of the title, interest, and rights of Sanford and Park to Park, and through him to his co-defendants; and the agreement between Park and Fowle & Son, as to the territory west of the Rocky mountains, is produced, and sustains the averments of the bill in that regard. ”