Newspapers / The Roxboro Courier (Roxboro, … / Jan. 13, 1904, edition 1 / Page 2
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'.yy.'.:-';. "v-,: -yj": .... , J- ;y,E-yvr -yr-, . ! , -y - , " TTT-rlz -ii." -ji! ;r ' ' 1 : - 'v . i ' t.--. s V- - . ;.- 1 M 111 "' '- - - ii ft v:. "X. i . ' I c - t l I f l r '! v . 1 1 l J . bone, i traiitialttd . :., frosi parent W ekild, the seeds art planted im . Infancy and littlest tat , blood is purged and pu rified and every atom of C J ; the taint removed Scrof ;tila is sure to develop at some rjeriod in vonr lif e. 150 South No remedy equals S. S. S. as a cure for Scrofula, k It cleanses and builds tip the blood, makes it rich; and pure, and under the tonic effects of this great Blood Remedy, the general health improves, the digestive organs are ' S. S. S. is guaranteed purely vegetable and harmless; an N ideal blood purifier and tonic that removes all blood taint and builds up weak constitu tions. Our physicians will advise without charge, all who write us about their case. Book mailed free. i 'O THZ SWSFT 3FECSFSO CO., ATLANTA, GAm v Germany is said to be again npgo Hating for the purchase of the Dan isn West Indiei,.but a lively protest is being made i a Congress on hehalf of the late: lamented Mod roe Doc trine. Isn't this caillifig upon a cada- vVr for assistance? ' v Found a Cure for Indigestion.' I use Chamberlain's Stomach and Liver Tablets for indigestions and find that tley suit my case better than any dyspepsia remedy I ; have fver tr id and I uave used many dif ?ferjBntTemecie8. rIAam nearly fifty two yeVrslot age1 an(i have sufferfid a "great deal from indigestion. I ban cat almost anything I want to now. Geo: W. Emery, Rock Mills. Ala. For Bale br W; R. Hambrick & Co. " . ; : CharltiEmory Smith, formtr Poitttaiter-Goneral , pre t i n dig uantly againtt the charges of Mr allooh1 nd tht approjl of thoi QaTgei by th Pmijient'a commit siod. lnlrply U hit fdminir . Mr. . Bonapartt, tbt hsd of tht comois tion ." mt-elt sat t. "Mr. Smttn hat mftdt his rtcord.' - , i i - 1 When bilious try a dose of Cham berlain's Stomach and Liver Tablets -and realise for once how quickly -a first-class up'-to-d ate medicine will correct the disorder. For sale ny W R. Hambrick & Co. 1 . - . . , m - , . Mr, Julia Mitcaefr, a )&dy about , 80 years old, was burned to dVatb t her home. It'eems she had gotten up to start a fire, atod it is thought that heir "clothing became ignited in that way and bufned so rapidly that she ceuid ..not put it out. As &ne wis all alone, it appears she got the , t?ater pail anu poured wafer o?er therself in an effoi t to extinguish tbt Jlames. Wheu she wasfotind by ; Aome friend soon after the accident she was lying on. the floor with the water pail by her side and the floo wet arotind her. She was rather ec centric and insisted on living in, her own cottage by herself rather pthan -Jtay with friends. Saved From Terrible Death. , The family of Mrs. M. L. Bobbin of Bafgerton, Tenn., saw her dying .and we? powerless to save her. The ,most skillful physicians and eyerv -.';!'"' .. il ' m , v. remeay use a, iaiiea, wnne con ' sumption" was slowly but surely t&k ingher life. In this terrible hour Dr. King's New Discovery f6r Cons ' sumption turned despair intoT joy. : Twe first bottle brought .immediate relief and its continued use com pletely caied her. It's the most cer tain cure; in the world for all , throat 4 and lu jg troubles. Guaranteed Bot ties, 50c. and $1 00. Trial bottles v Free at J.' D. Morris' Drug Store. ' ' Piatt and Odell bow respectfully when they accidentally meet, but they do not embrace. : . . ' ' Spent More Than $1000. 1 W.'W, Baker of Plain ville. Neb. : writes : ' My wife suffered from luna trouble lor fifteen ears. Sbe tried a number of doctors and spent ;over $1000 without -eliefi She be : came veiyvlow and lost all? ope." A jfriend recommended Foley's Honey i an1 Tar and . thanks to this '.great " remedy it saved her life, She enjoys - better health than she has known in -ten iears,'' Refuse substitutes. W. VR. Hambrick; ') t':yt . V f t- : Cs Stoltfss Prevents Pncuacnia- foHowjng was written: Dr. I. fnr f U. mal yit k br, . tr fa ike -wmni. ! k tfist. Da. immt y krtl -rv . mi&d, bat uld do aothlatt rulitre th JittI i mat. It was then that -wre asoidd.ta try O. 8. B. ,That xaodioino at jjaoo mad a 0pdy and oBplt ur. sha is now, a y9VLHf ladry and h nTer had a slfa 6th Btrsst. Salina, Kan. strengmenea, ana mere is a graauai Dut sure reiuru to health. The deposit of tubercular matter in the joints and glands is carried off as soon as the blood is restored to a normal condition, and the sores, ernp tions, and other symptoms of Scrofula disappear. r TEAGUE VS. SCHAUB. (Supreme Court of North Carolina. NoveiiibYr 241893.? ";r ' CONTR1CT DEF1KITENE8S A . LIDITY. C. ; 1. A wrttttn contract between physicians in partnershiri that one shall make application 'for a hpspital cturse, and, if be gets an "appoint mjBnfc, releasettbtir-entire: pra.eijjC .tq tje oterln't, ;if the appbimtment J 1 'or f tnV field V is ( not larftr tbaa 'now' be will Ideate tlst wjbere, unless a aew contract is madt, js.oidilorizidefinitmsi 1 ' Walker and'. Douglass;... J J. 4it- stnting. i'' v; - ' ; , Apptal from Sa periorCou r r, Br v son County; W. H. Alltn, Judge. Aotion by JR. J. Teagne against O. Senaab. Prom a judgment i n f aror 'defendant"' plaintif appeals; Af&rmed. Kitohin & Carlton, for appeftant, Boone, Bryant & Biggs, W T. Brad sher, and J. 8. Herritt, for apptllee. U0NTG0UERY, J. The plain tiff, R)7 Teu'f, to tian to tnjoin the dtftndantrs 0. P. Sonaub ptraantntly from praoticing meiicint in the totrn of Roxboro and the territory adjactnt thereto, ; for damtgti arising on am alleged brtach of contract in which tht defeidact bad ngTud.not to practicp rndichu in -E6iboro and the 'djact v,wrrU- tory, and for an amount Wilegtd to be due by the 4fcndaut for money colleeted by the defendant bt longing to tire plaintiff and defendant as partners in the practice, of natolicine. 1 the case on appeal it appeals thai t all other csatttrs in the action had bssn settled except those ptrlaimng to the defendant's rigfit to practise m edicine i n Box boro and the plain tiff's claim for the defendant's prac ticing there - contrary to his agree ment, and that thes.s depended upon the construction Of the agreement stt oat in paragraph 2 of the com plaint. His honor was of the opin ion that the contract alleged in the contract was indefinite as to territory and could not be aided by . music' evidence. That pai-t of paragraph 2 of tha caie necessary to be reterj'ed to is as follows; ; ''We, the under Signed, agree tq continue the practice of medicine undfr the firm name; of Teague & Schaub until December 1, 1901, Doctor Teague to receive 60 per cent, and Dr. Schgub 40 per cent, of eolleetions for work done in general practice, , except snchtmae as Dr. Schaub' Bhall have entire charge of such practice, then 'Dry Schaub shall receive 75 per cent, of collect tioDs for rwork i done , during s such time. Some ;time in Decmbr,1901,H Dry Schaub agrees to tak e a rvmv courst and make application . for a hospital course. If said Dr. Schaub gets appointmtnt' in a e hospital; he cnen releases toe enure praence to Dr. .Teague. t If he (Schaub) .does not gtt the appointment in hospita or the field is' not larger' then than nqir, said Schaub will locate else. where uhlesi a new contract is made.' kv- i-W tva the field Cstn i prJ Sccanb'i satire cre fdr x period offwia M ; ijmsnths. i-B,J. TcaaeAiO. P. Cahaab. f Xtdxboro K., April We concur in the tieir taken bj hit hoHor.This cast doe not pr ssnt thatof a professional man selling out his good -will and practice to anotntr fora ralnabla eoniiueratioh.: It ia an attempt on the part of the plain tiff to force the defendant- to leave the town of lioxboro, and thereby to get rid of his competition , under th e piovisions of the contract which, we have recited. . The defendant did not agree to leave llosbbio or the terrL tory in which he actually practiced if he diet not get the appointment in hospital, but that he vould leave yif ne did not get the appointment uoi in case the field should not be larger than when he made the contract. We. cannot tell whether that woid field' meant the receipts from the practice, the number of patients, or the extent, of territory. It is mde.fi.. nite in all three aspects, and we see no way of enforcing tbeeontract. Tht word Roxboro," writttn cn the back of the com tract, so far as thr matter before us is concerned under the caie on ; appeal, r;,means no more than, that the coitract was signed at ttiat place. r Na error. From the. above, opinion Judges Walker and Douglass dissenting. WALKER, Jy (dissenting.) .This was an 'action to restrain defendant from practicing medicine in the town of Roxboro, and to recover damages for a breach of contract tinder and by virtue of which the. plaintiff claimed the rigfrt to hate the de iendant enjoined. 1 It is necessary to an under staading of the natter j in volvsd that the entire contract should be set out. It is as follows: MWe the undti sign td; agiee to continue the practice of medicine under the firm name of Tttgue St Schaub until December 1,-1901,' Dr. Tetgue to receive '60 per cent J and Dr. Schauo 40 per cent, of colltctions for work don in general practice, except such time as Dr. Schaub shall have entire charge of said practice, then Dr. Schaub shall receive 7 per cent of collectioni for work done daring such timt.' Some tiint in December, 1 y01, Dr; Schaub agrees to take a re yiev course ana make application for a hospital course. If said Dr. Schaub gets appointment, in a hospital be then releaies the entire practice te Dr. Teague. If he .(Schaub) does not get the appointment in hospital or the field is not larger then than now said Schaub will locate else whr unlets a new contract is made. It is furthermore agreed that if Dr Scnaub cannot secure an appointmeut by June 1, 1905, he remains here until tnat time and if a contrac. be tween Teague and 'Schaub cannot he agreed upon by themselves, they ehall refer the matter to lUree meu, one to be Appointed by eacn ol ua, the third to be selected by" tne other t wo -refer? i ees, and laid i'eague and Schaub shall abide by the deciaion; If ; Dr. Schaub remains here .fter taking hospital course unal June I, he is to receive 45 pel cent, ot 'the collections for work done in general practice during such time. Rbxboio, N'. O., April 3, 1901. R. J. Teaguo 0.-P.' Schaub.' And Tthereat'ter thly amended it oy aiding on i the back thereof the following: ' Dr, T." f ur- ther agrees td-Ienve the field open , to Dr. Schaubs entire care for a period of from two to four mpn th s. R. J. Teague. O. P, Schanb-V Roxboro; K. O., April' 4V.C It was agreed, in the court belojv that all , matters in oontroversy between .the partiesjyhad been settled, andr; that; only one question ij presented to the court for its ; consideration;! namely;, 'whether 'fthe'- contract is "void because bf indefihiteness ai ; to '' the territor?''" and the court ;b'elow, upon tjie sub mission to iV of this single ; question, held "that the said contract, dn so Tktrtuckr eradicate! tnt exceti ef XJ& sa Lectit tdj freta tit tyt, taxts tat kScaeyt lata healthy eda, curw cenitlpttita taa iaitia. 7MI3 DOHE, TOW . AND ANY OTHER DtSEASI Da not be discouraged if other remedies hare faffed. , RHEUM ACIDE has : ; .made, its reputation by curing, alleged incutabl? cas.x poes;not. ; v y " injure the organs of digestion. 4t''" ' ', lr: ' " Ooldsboro, N.C, Aufir. 25, 1S03. 5i Gentlemen -Some six years ago I beffn to have sciatic, and loa chronio case of muscular rheumatism. At times I could not work at all (my. business being baggasre master on Southern E. R.J For dfoys Hrd weeks at a time 1 could not work My suffering was intense. Physicians tr-atel me. without permanent relief; however.- Tried a number of advertisrO rpmedien without permanent -benefit. - Finally I tried " Rhkumacidiu' It did the work, and I have had ex cellent health for three years I can cheerfully say that all rheumatics should uae RnBtJiULOiDK,' for it is by lax the best remedy. ' . v -i 4 , - , - B.-.'A;-.LOMAX'v' Price' $i. oo prepaid express, Bobbftt Chemical Co., if rjfiaajywMaflia Bsawiwfcn far as it relates to the right lo restrain the defendants is-, void for, indefinitnss as to! the territory, and cannot be -aided "by, extrinsic evi dence," and the pUintift: s prayer for said relief was thereupon .denied.- The court ;below, did not passupen anj queitioa relating to the consider ation of tne contract, 'so as to deter, mine whetberthere wai a considera tion tufiicien t to support it, . l or did that court take the view, that this smt was an atterapt on the part, of the plaintiff to forbf the def endantlW leave the. town of . Box boro, land thereby to Vet rid of hiioom petition which hats been recited There - is nothing on the fact of the xon tract, at I think, to justify the conclusion either that ther was any such intent or purpoa on the part of the pitas tiff in bringing this action, or tnat the contract is not founded upon a Valuable consideration. If these matters werb in controversy r between the parties, the plaintiff clearly had the right to he h tard by a j try, and. to bring forward his evidence for ths purpsse of shoving what ' the. raal facts of the lease were, v . : The plaintiff's contention is thai the def endan t was in a measure ; his beneficiary, and that he, by reason of the plaintiff's kinnneeato him, hav ing gained an advantage; now' tiks to retain it; and make use of it to tue plaintiff's dotrinient in the com muoiiy ware the pJain tiff ha'i estabiishtrd a lucrative practice, and wnich, to aivanoe defendaui's mier- estiaud improve- his then embarrassed condition, he had i generously ' shared with him, the latter thereby .acqairiiig the benefit of the practice ready to hand, it would tbeo inequitable and agamt good conscience, as the law views the relation uf the , parties,, so established, to enable the defendant thus to deal with the plaintiff Those matters surely eught not to be con sidered upon an appeal from a judg ment w h i c h , : by agree in en t of the parties, presented but one question, which, arose solely upon a cousidera t:on of the contract itself and which neceesari ly by the form of vi ts : su b mHsion to the couit, deprived the plaintiff of the 'opportunity of- dif cloiing tne facts bearing upon'f mat ters not involved in that question. The plaintif should : not, he on demned before be is heard, " and, we should not consider and decide "a matter 'which the par ties have not seen fit to present to us. If I ain permitted; to refer to to the pleadings forthe purpose of showingthe- true nature of the controversy; between the paritts, I do not htsitate to iav that there is abundant allegawcnvon the 'part of the plaintiff, which, if sue.t'iiried by j proof,' - woo Id ; hnVW shown that thire was a valuable and -dequafeconfcideraiiou, and that this suit was brought iu good faith. , If the plaintiff's allcaatiohs'tre true, he had. been a benefactor , of the de f endan t, and had; extended aid ' and asii8tance to hira when h nnt heeded it. This court decides against ARB WtU OF CAUOKB DY lUPURC DLOOD. or from your' Druggist; Baltimore, fid., U. 5. A. the plaintiff a question is one of law which must, in 'its', very nature," in volve a finding of facts which do hot appear, on the fat e of the contract ; - If the plaintiff had suppesed that the ohly question submitted ;to J;the court by 4the agreement 'of the par tits invotvedih its decision the mat ttr as to .the consideration, of the contract audi the object inVbriiiginj: the suit, he perhaps would not have Should undertake to decide ,q utstion s which the parties nat riot, called u pon us to pa u pony and which . will at least place one of the parties at a disadwntagt , , " 1 : am ' not . aware : anyule of laif to the effect. that the DOuiideratioa of a cVntract which is not required to be in wrifng ihall be expretssd in the -irritiifg.;? My ontjer standing is ! that it may bt shown dehors thecontractltiy ; noral eti dence. and that thedef endant there-- fore cannot avail himself of a want of coniideratiOD, unless that fect ap- pears amrmativeiy in the v contract itself. It eems . to that by a proper construction of the con ti act and tht examination of the t, fact' siatea in ine. pieaaings, tnis appeal aan icjiidr ouc nis inisresc in tne , ' businees of the firm for a valuable consideration, coupled 'nith -a' cor - " . v. : i .V. "."f"' ; . in".-,-. . ,. . euuns un nis prc 10 rtirain iroa well defined, territory. :. This T brings V lis to the consideration Jnf " .'oorr ; . 1 - i v , , ' tt . " . qqeition upoa .w men the cast ; was . decidedv, in the court below. In the entejed int6 the stipulation inth the d&ndantf1 an'd ldo f not "think ; we second clause or the contract there is ' the following stipulation: ? lt is , furthermore agreed that, '! if rj- ocnauo can uoc .secure au appoint ment by June 1', 190, he i' remains"' here nntilthat time. ) Then follows : the provision for the arbitration of ' their differences' if; the parties them eelves cannot mate an agreement. - Jt V is theh lurther provided that, Mf Di. 'i Schaub remains, here after taking Tth6" 6 nospital course until Jliu'e'l'heis to ' iecei?e45;per cenCof the collections ' for. w'oric done in . general practice ' during such time.V The contract is dated" af R6xboro & 0, .April o;'l 1901, and signed by tne parties.".. Th ' writing on the back of fthe contract, : wmcn ls quoted in the opinion of th ; :l court, is aldi dated at Roxboro.' ' The question to be determined; is, to what V' : does the adverb' "here" :- refer? We J are told by the' lexicographers thati 1 the propert 'definitich' of the .word jjucic, wueu. usbu as an auvern, i8 in thetplar.e or region where the person speaking. is; on this spo or in this locality v , If this be its true meaning and significance, hov can it ' lr donbtfcd foir a moment that when it was used m the contract the parties nfwedto 'Rixbiiro? Besides the plaintiff allege d n his complaint, and- th defendant admits in his answer , that at the time the contract was ex ecuted the parties practicsd midicino in Roxboro under, the firm nkinD of fairly inferred frcin the pk-din :;v ICOHTIITUED 02T 2IQIITII TAGi:
The Roxboro Courier (Roxboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 13, 1904, edition 1
2
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