Stanley Matthews

“ And the court further orders, adjudges, and decrees that, except as to the said amount of claims so allowed to the claimant, all the claims demanded in the claimant's petition, and the amendments thereto, be disallowed, and the petition, with reference to all the disallowed claims, be dismissed; and, further, that, except as to the said amount of counter-claims so allwoed to the defendant, the defendant's counter-claims be dismissed. ”

“ Their may have been good reason for allowing the haul, and the masonry may have been of a different quality from the rubble cement, for which the contract fixes the price at five dollars. We are not disposed to assume the responsibility of changing these items. Among the items included in this measurement were 1,090.8 perches of dry wall. The contract fixes no price for such labor and material. Lieut. Hoxie estimates it to be worth $2.50 per perch, and allows that rate. The claimant contends that it is worth more than that, and introduced considerable proof to sustain his contention. ”

“ In December he rendered an itemized bill, amounting, in the aggregate, to over $15,000, and asking for measurement and payment under his contract. This contract called for payment in cash. The defendant had no cash. Under direction of the commissioners, a bill was made out and certified to at rates which produced an aggregate that would make a payment in certificates equivalent to a payment of the bill rendered in cash, and the claimant was so paid in certificates. ”

“ This memorandum contemplated the purchase by the Atchison, Topeka & Santa Fe Railroad Company of the railroad of the Kansas City, Burlington & Santa Fe Railway Company, and, as a means of accomplishing that, the purchase of the mortgage bonds of the latter company, with a view to a foreclosure of the mortgage and the reorganization of the company. ”

“ This agreement went into effect, according to its terms, by the plaintiff taking and paying for $10,000 of its capital stock, at par, on the twenty-fourth of December, 1879. On the fifth of June, 1880, he was elected a director by the stockholders at their annual meeting in Chicago. The plaintiff opened in Boston the branch office contemplated, and performed all the services required of him during the year fixed by his contract ”

“ All business originating in said 'Eastern Division,' which shall include the whole of Maine, New Hampshire, Vermont, and Massachusetts, or transacted at said Boston office, shall be 'valued' according to the amount of gross profit coming therefrom to said corporation, or which can be rightfully claimed by it. After deducting from the aggregate of such profts for each year the sum of fifty-four hundred dollars, ($5,400,) plus the amount of book-keeper's salary, said party of the second part shall be entitled to one-third of the balance as commissions, as above. ”