MEMORANDUM OF AGREEMENT, Made and entered into between THE
Eastern Oklahoma Railway Company, a corporation, hereinafter referred to
as the railway company party of the first part, and U. C. Guss and W. H.
Coyle, parties of the second part,
WITNESSETH, That
WHEREAS, Heretofore the railway company and the parties of the
second part
entered into a contract dated August 1st, 1899, whereby the parties of
the sencond part agreed to furnish to the railway company a right of way
for its line of railway through Logan, Lincoln, Payne, and Pawnee Counties,
in the Territory of Oklahoma, and
WHEREAS, in the construction of the said line of railway station
grounds were
procured at the Station of Mehan in Payne County, Oklahoma Territory, and
aside track has been constructed by the railway company at said station,
and
WHEREAS, In order to comply with the contract between Messrs.
Guss and
Coyle and the owner of the town-site at said station of Mehan, it is necessary
to construct a depot at said station, and
WHERAS, the parties of the second part are willing to pay to
the railway
company the difference between cost of such buildings as the railway company
deems necessary at said station of Mehan, and the depot building which
will meet the requirements of the contract of the said parties of the second
part with the owner of the town-site at said Mehan, which is estimated
not to exceed three hundred dollars ($300.00).
NOW THEREFORE, This agreement witnesseth that the railway company
shall
and will construct and complete the depot at said station of Mehan now
in process of construction, which depot is satisfactory to the parties
of the second part. And the parties of the second part at the time of the
execution of this instrument have paid to the railway company the sum of
$300., the receipt of which is hereby acknowledged by the railway company,
and the railway company hereby agrees that if the total earnings of the
said station of Mehan on freight received, freight forwarded, and tickets
sold shall, for the period of two years, amount to the sum of four hundred
dollars ($400.00 per month, it will repay to the parties of the second
part the said sum of three hundred dollars ($300.00), so paid as aforesaid,
Provided, That if such earnings for said period of two years shall amount
to less that the sum of four hundred dollars ($400.00) per month, the said
three hundred dollars ($300.00) shall be retained by the railway company.
The railway company also agrees to establish a telephone communication
between
the station of Ripley and said station of Mehan, and to establish an agency
at said station of Mehan, it being understood that if in the opinion of
the General Manager of the railway company, its successors or assigns,
the business at said station shall not warrant the maintenance of an agent
at said station of Mehan, the railway company, its successors or assigns,
shall have the right at any time to discontinue the same, and the parties
of the second part shall not have, on account thereof any cause of action
against the railway company, its successors or assigns.
IN WITNESS WHEREOF, the party of the first part has caused these
presents to
be executed by E. P. Ripley, its President, thereunto duly authorized,
and the parties of the second part have executed these presents in person,
this 31st day of August, A. D. 1900.
THE EASTERN OKLAHOMA RAILWAY COMPANY
By (Sgd) E. P. Ripley
Its President.
(Sgd) U. C. Guss
(Sgd) W. H. Coyle
Approved as to Form:
(Sgd) Henry E. Asp.
Solicitor for Oklahoma.
Approved as to form:
(Sgd) Francis T. A. Junkin
General Attorney.
A true copy
(Sgd) J. F. Scott
for Secäy The A.T.& S.F.Ry.Co.
Topeka 10-9-1900.
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