136 CIRCULAR 10 0, U. S. DEPARTMENT OF AGRICULTURE 



funds necessary to create a reserve, equivalent to one class of its preferred stock 

 annually, plus bonus, to retire the said class ; and to pay the dividends on all 

 outstanding stock thereof. 



(&) The grower shall be charged for such deductions only on account of 

 warehouses or plants within his district, or within his benefit, as determined 

 by the association ; and for such deductions the grower shall receive a propor- 

 tionate interest in such corporations. 



ANY OLD CROP TOBACCO MAY BE DELIVERED TO THE ASSOCIATION TO SELL 



17. If the grower has on hand on July 1, 1921, or July 1, 1922. if the organi- 

 zation is deferred, any tobacco of- the 1920 or any crops, free of liens and capa- 

 ble of delivery, he shall deliver su;h tobacco to the association as it may 

 direct, to be graded by the association and marketed by it in pools wholly 

 separate from all other deliveries hereunder, but generally in the manner 

 here set forth. 



DO NOT BEEAK THE CONTRACT THIS IS EXPENSIVE 



18. (a) Inasmuch as the remedy at law would be inadequate, and inasmuch 

 as it is now and ever will be impracticable and extremely difficult to determine 

 the actual damage resulting to the association, should the grower fail so to 

 sell and deliver all of his tobacco, the grower hereby agrees to pay to the 

 association for all tobacco delivered, consigned, or marketed or withheld by 

 or for him, other than in accordance with the terms hereof, the sum of 5 cents 

 per pound, as liquidated damages averaged for all types and grades of tobacco 

 for the breach of this contract, all parties agreeing that this contract is one 

 of a series dependent for is true value upon the adherence of each and all of 

 the growers to each and all of the said contracts. 



WE WELL GET HIS TOBACCO ANYWAY 



(ft) The grower agrees that in the event of a breach or threatened breach 

 by him of any provision regarding delivery of tobacco the association shall be 

 entitled to an injunction to prevent further breach thereof and to a decree 

 for specified performance hereof ; and the parties agree that this is a contract 

 for the purchase and sale of personal property under special circumstances 

 and conditions and that the buyer can not go to the open markets and buy 

 tobacco and replace any which the grower may fail to deliver. 



VIOLATORS PAY THE COSTS OE FIGHTING THEM 



(c) If the association brings any action whatsoever, by reason of a breach 

 or threatened breach hereof, the grower agrees to pay to the association all 

 costs of court, costs for bonds and otherwise, expenses of travel, and all 

 expenses arising out of or caused by the litigation and any reasonable attor- 

 ney's fee expended or incurred by it in such proceedings: and all such costs 

 and expenses shall be included in the judgment and shall be entitled to the 

 benefit of any lien securing any judgment hereunder. 



THE CONTRACT IS COMPLETE ON ITS FACE 



19. The parties agree that there are no oral or other conditions, promises, 

 covenants, representations, or inducements in addition to or at variance with 

 any of the terms hereof ; and that this agreement represents the voluntary and 

 clear understanding of both parties fully and completely. 



Read, considered, and signed by the grower, as of the date determined by the 

 association contract in the State hereinbelow indicated. 



(End of marketing agreement) 



MINOR CHANGES MAY BE MADE 



20. These provisions are subject to minor modification or amendment by the 

 organization committee, on the suggestion of State officials or otherwise, so as 

 to carry out the general purposes hereof. 



