Minutes of Houston Oil Company of Texas

ReadAboutContentsHelp
Minute book, 1901-1908; Minutes are handwritten; index is typed.; First entry, July 9 1901 - last entry May 25, 1908.; Cover title.; The Cushing Library/Chapman Texas Collection copy is part of the Floyd and Louise Chapman Texas and Borderlands Collection.; Gift of Amanda and Ken Kellar '65

Pages

Minutes - 14
Complete

Minutes - 14

13

Exhibit "A"

Abstract

of list of lands and property to be embraced in Exhibit "A" attached to the offer and proposition of Mr John H. Kirby

Fifth C.M. Votaw 10968 acres 55 000
Sixth Kirby and Hamilton 8832 " 130 000
Seventh Jasper Co Lumber Co 18108 " 500 000
Eighth Kirby and Polk 300 " 3 000
Tenth Texas and La Land and Lbn Co 56226 " 500 000
Eleventh Texas Pine Land Assn 105941 " 750 000
Twelfth Southwestern Oil Co with all its
property - real personal and mixed, Land, Refinery
plant. Etc 250000
Thirteenth Nacogdoches oil property - to wit
Lands and personal property
situated theron in the J.M. Moca
grant in Nacogdoches County 3437 60 000
First Estate of Caroline Pickman deceased, aggregating about 38922 " 400 000
Second Kirby Land and Lumber Co about 68942 " 1200 000
Third John H. Kirby 90447 " 1500 000
Fourth Kirby and Votaw 29145 " 291 000
Ninth Kirby and King 7588 " 110 000
Last edit over 2 years ago by Jannyp
Minutes - 15
Complete

Minutes - 15

14

Exibit "B"

Abstract of list of lands and property to be embraced in exibit "B" attached to the offer and proposition of Mr John H. Kirby.

First Beaumont Lumber Co about 100.000 acres
Second J. J. Campbell " 27 800 "
Third J. F. Keith and J F. Keith Co " 55 09 "
Fourth Howtage Bros " 179 000 "
Fifth Olive, Atterneuberg and Co " 11 212 "
Sixth J S and W. M. Rice " 7 679 "
Seventh Chas G. Saunders " 24 116 "
Eighth Geo Adams and Cow Creek Team " 41 477 "
Ninth Reliance Lumber Co " 80 341 "
Tenth Bancroft Lumber Co " 13 000 "
Eleventh Texas Farm Lbr Co " 130 000 "
Twelvth Properties of Southern Oil Co - - -
Last edit almost 3 years ago by Jannyp
Minutes - 16
Complete

Minutes - 16

15

Agreement between H.O. Co. and Jno. H. Kirby

This agreemnt made this [gap] day of July 1901, between the Houston Oil Company of Texas a corporation of said state party of the first part and John. H. Kirby of Houston Texas party of the second part.

Witnesseth as follows Whereas the party of the first part has acquired and is about to acquire certain oil lands and properties in the state of Texas for the purpose of its oil business upon which is standing yellow pine and other timber and the party of the second part desires to contract for the purchase of the yellow pine timber situated and standing upon said lands so aquired and to be acquired - up to the aggregate of Eight billion feet - at the prices upon the terms and subject to the conditions hereafter mentioned

Now this agreement witnesseth. First the part of the first part hereby agrees to sell to the party of the second part and his assigns - the yellow pine timber now standing and being upon lands as aforesaid - situated in the following counties in the state of Texas and elsewhere - Viz. San Augustine, Sabine, Angelina, Hardin, Polk, Tyler, Jasper, Newton and Orange in Texas and Calcasieu Parish in Louisiana - as particularly men- tioned and described in a schedule thereof hereto annexed and made part hereof. The timber on the above lands herby agreed to be sold to the party of the second part is the merchantable yellow pine trees and timber thereon in diameter twelve (12) inches and upwards at the stump at the time of cutting whether said timber be standing or growing upon said lands or be down as by the hand of Providence not exceeding in the aggregate Eight billion feet sherring or Beaumont measurement.

It is hereby expressly understood and agreed that in the event the party of the first part shall fail to acquire all the lands mentioned and described above and in the schedule annexed by reason of failure of title or otherwise and shall be unable to deliver the entire Eight billion feet above specified the party of the second part shall be entitled only to such and so much of said quanity as said party of the first part shall be able to furnish from such of the lands above mentioned which it may acquire and said party of the first part shall be in no wise responsible or liable in the premises by reason of such failure.

Second. The party of the second part agrees to purchase and pay for the said yellow pine timber at and after the rate of $300 per thousand feet for the first 350,000,000 feet: $3.50 per thousand feet for the next 350,000,000 feet: $4.00 per thousand feet for the next 350,000,000 feet; $4.50 per thousand feet for the next 350,000,000 feet

Last edit over 2 years ago by Jannyp
Minutes - 17
Complete

Minutes - 17

16

and $5 00 per thousand feet for the remainder of said timber until the whole of said yellow pine timber to an amount not exceeding 8.000.000.000 shall have been purchased and paid for measurements shall be taken and made in accordance with the Sherring or Beaumont rule so called.

The party of the second part shall purchase in each year from and after the 1st day of July 1901 during the continuance of this contract - as follows - not less than 350,000,000 feet in each year for the first five years: not less than 400, 000, 000 feet in each year for the second five years: not less than 450,000,000 feet in each year for the third five years: not less than 500,000,000 each year thereafter - and pay for the same at and after the rates above mentioned - in equal semi-annual installments on the 10th day of January and July in each year at the office of the party of the first part in the City of Houston, Texas.

In case payments made by party of the second part in any one year shall exceed the minimum payments hereinabove provided - such excess up to but not exceeding the minimum payments provided to be made in the year then next succeeding shall be accepted by the party of the first part as payment pre-tants of the minimum payments provided to be made in such year in case said party of the second part shall so desire.

In case the party of the second part should in any one year pay for more timber than he cuts and removes from said lands he shall have the right any any time thereafter to cut and remove the timber so paid for without additional payments but this shall not be construed as changing or modifying in any seuse the obligation of the party of the second part to purchase and pay for the minimum amount of timber in each year as above provided.

Fourth the merchantable yellow pine trees of said lands to the amount of not exceeding 8.000.000.000 feet which are in diameter twelve (12) inches and upwards at the stumps when cut and all dead and down timber thereon from which merchantable lumber can be sawed - and the merchantable parts of such trees and timber as may be felled or cut without regard to diameter - from which merchantable lumber can be sawed - shall be taken from said lands by the party of the second part - scaled and paid for at the rate per thousand feet herein stipulated.

All stumps shall be cut to an average height of 24 inches from the ground line - except in cases of a swell butt or other defective trunk which may be cut higher if it can be done without loss of timber

Last edit over 2 years ago by Jannyp
Minutes - 18
Complete

Minutes - 18

17

Third. Said timber shall be scaled when loaded on the cars of party of second part or at the skidway in the woods or at the mills or elsewhere as directed by the party of the first part and said party of the first part may appoint such scalers as it may deem requisite whose duty it shall be to scale and meansure such timber. The party of the second part shall reimburse the party of the first part of the wages of such scalers not to exceed Fifty dollars ($50.00) per month each. Monthly reports shall be made in dulicate by such scalers to the parties hereto - and settlements hereunder shall be made and based thereon.

Fifth. Said timber shall be cut in a careful and prudent way and the trees felled shall be so felled as to preserve the young timber and saplings - and no trees under twelve (12) inches in diameter shall be cut from said lands for timber skids or other purposes.

Sixth. The party of hte second part shall have the right to enter upon said lands for the purpose of cutting and removing said timber and may erect such mills and lay and maintain team and other roads in connection therewith as shall be necessary to enable him to cut and remove timber under this contract. Upon the expiration of this contract and the full and final payment by the party of the second part of all sums of money left on damage arising hereunder the party of the second part shall withdraw from said lands and the occupancy thereof and shall remove his said mills and team roads and other property therefrom.

Seventh. In the event of an infraction of the terms or provisions of this contract or any failure to make payment for said timber as herein stipulated or any failure on the part of said party of the second part to faithfully keep or perform his obligations or duties or agreements under this contract or any part of the same - then the said party of the first part may at its own option immediately terminate this agreement in which event said party of the second part shall forfeit to the party of the first part all money previously paid and all timber paid for and all rights growing out of this agreement but the said party of the first part shall nevertheless have the right to recover any and all damages resulting to it from such breach by any and all proceedings at law or in equity deemed proper by it or said party of the first part may take possession through any agent or any agents it may select of any or all of the lumber plants of said party of the second part and all of the appurtenances.

Last edit almost 2 years ago by CarrieBo
Displaying pages 31 - 35 of 321 in total