Fourteenth. The right is reserved to us at any time, to decline to sell you any more cigarettes, and to withdraw the cigarettes already consigned to you, upon repaying to you all your legitimate advances thereon, and the right is reserved to you, at any time, to decline to act further for us, after having delivered to us all cigarettes then in your hands, and paying over to us the proceeds of all sales of our cigarettes at list price.

Fifteenth. Requests for consignments, as well as all advances and reports of sales with New York exchange, must be paid to our office in New York. Commissions will also be settled and paid from there. Sixteenth. No employe of this company has any authority whatever to change or modify this agreement, or any circular, letter, or price list of this company.

Your agreement in writing hereon to receive our cigarettes on consignment and to sell and account for the same, under the above conditions when executed by you, will constitute a binding tract between you and our company.

Very truly yours,

THE AMERICAN TOBACCO COMPANY.
By

.agree to receive cigarettes on consignment from the American Tobacco Company, and to sell the same, and to account to said company therefor, upon the terms and conditions set forth the foregoing written proposition to us. To the faithful performance of all such terms and conditions we hereby agree and bind ourselves. Dated.....

In the presence of

1895.

(Witness sign here)...

City or town.

State..

(Sign here)....

EXHIBIT 3

NATIONAL WALL PAPER COMPANY 1

Memorandum of agreement between...

of.... ...(called the purchaser) and the National W Paper Company of New York, N. Y. (called the company). 1. The purchaser agrees to select and order from and o jobbing lines of the machine made goods of the company on fore October 1, 1896, wall paper to the aggregate amount of $ 1 Op. cit. N. Y. Trust Investigation, 1897, pp. 804-806.

a

which........hereby request the company to manufacture for -prior to April 1, 1897, goods to be delivered F. O. B. at New York, or at the respective places of manufacture.

2. The terms of this sale are four (4) months from date of invoice, with a discount at the rate of one per cent. per month for anticipated payments. Goods shipped between October 15th and March 1st to date from March 1st, and orders for goods not shipped before March 1, 1897, may be cancelled by either party to this agreement.

3. The purchaser expressly guarantee and agree that between September 1, 1896, and June 30, 1897, will not purchase or acquire any wall paper or hangings the product of any person or corporation other than the company, and that will give additional and duplicate orders prior to July 1, 1897, to the amount of $.... and in consideration of such guarantee and upon the performance thereof company shall credit the purchaser with the discounts hereinafter named on the attached schedule on all purchases from the jobbing lines of the machine made goods of the company between said dates.1 Such discounts shall be figured and credited upon the basis of the shipments made hereunder and the discounts shall be calculated upon the gross prices published by the company in its price list for the patterns selected by the purchaser. The purchaser guarantee as a condition of the allowance of such discounts to refrain from making such use thereof among the trade as to interfere with the uniformity of the company's price and terms, and that (the purchaser) will at all times during this contract maintain the company's road prices.

1

4. The company agrees to extend the same line of discounts referred to above to such goods as are contained in the exclusive lines of the machine made goods of the company, on the express guarantee that such goods will be used only for the retail department of the purchaser in the city of..... and will not be

offered at wholesale within his store or on the road.

This contract shall at all times and for every purpose be deemed to have been made and executed at the principal office of the company, in the city of New York, and it shall for every purpose be construed under the laws of the State of New York.

Dated, the city of New York........ 1896.

National Wall Paper Company,

President.

1 This sentence is thus in original.-Ed.

EXHIBIT 4

AMERICAN SUGAR REFINING COMPANY

New York,

1

189-. Dear Sir. We enclose herewith invoice of even date, from which you are entitled to our usual deductions of one per cent. trade discount on one hundred barrel lots, and one per cent. for cash if paid within seven days.

Should you so desire we shall be pleased, upon receipt of within written request, to constitute you one of our agents, in which case sugar will be consigned to you for sale as our factor, upon the following terms, the title to remain in us subject to your advances and return to you of your necessary outlay:

1. You are to advance to us within thirty days the amount of the invoice, which will be made up at our daily quotations, less one per cent. trade discount on one hundred barrel lots, with the right to deduct one per cent. additional if invoice is made cash in seven days; the advance to be without recourse to, or reclamation upon us, and to be due in any event.

2. The sugar when sold is to be billed in your name, although in fact as factor for us, and you shall without reclamation upon us, at your own cost, pay all expenses and assume all risks of the property and of payment or collection. You are not to incur any expense on our account.

3. None of the sugar shall be sold or disposed of by you, either directly or indirectly, for less than our daily quotations, with freight added from refining point to point of sale (as per equality rate book), nor on more liberal terms as to credit or cash discounts.

So long as the foregoing conditions are observed by you we will, upon an affidavit to that effect, pay you a commission of threesixteenths of a cent per pound, and in addition thereto you shall retain the profit, if any, over the advance made as above provided. In case of any failure to comply with either of the above conditions no commissions will be payable. Settlements will be made for each month's commissions at the expiration of three months thereafter. All commissions payable for the period preceding the three months will then become due. Payments will only be made as above.

1 Op. cit. N. Y. Trust Investigation, 1897, pp. 128-130.

This agency is terminable at the pleasure of either party, on written notice.

Yours respectfully,

THE AMERICAN SUGAR REFINING COMPANY.

State of..

County of.

.SS.

.being duly sworn, says: I, as factor of the American Sugar Refining Company, claim from the company a commission of three-sixteenth of a cent per pound (less one per cent. where trade discount has been allowed), upon..... pounds of sugar consigned by the company to me by invoices, the dates of which cover the period from......to...... .inclusive. In compliance with the conditions upon which the sugar was consigned to me, and to entitle myself to the commission, I do hereby make affidavit that none of the sugar mentioned in the said invoices has been or will be sold or disposed of by me, either directly or indirectly, for less than the daily quotations of the company, with freight added from refining point to point of sale, as per Equality Rate Book, nor on more liberal terms as to credit or cash discounts. Sworn to before me.....

...of...

Between the United States Rubber Company, selling agent, hereinafter called The Company, and... hereinafter called The Purchaser, whereby rubber boots and shoes (except tennis, which are not included in this agreement) sold by The Company are purchased by the said.. ..subject to the following terms, discounts and conditions:

Gross Price List Season 1896-1897, Ending March 31, 1897, First Discounts. First Quality Brands: American, Boston-Bell, Candee, Lycoming, Meyer, New Brunswick, United States Rubber Company, Wales-Goodyear and Woonsocket, at 15 and 8 per cent. discount from above stipulated gross price list.

Thus in original.-Ed.

Op. cit. N. Y. Trust Investigation, 1897, pp. 646-652.

Second Quality Brands: Para, Neptune, Federal, Keystone, Essex, Jersey, Connecticut and Rhode Island, 15, 12 and 8 per cent. discount from above stipulated gross price list.

Third Quality Brand: Columbia, 15, 12, 12 and 8 per cent. discount from above stipulated gross price list.

Cash discount of 8 per cent. per annum to be allowed for prepayment. Interest, 6 per cent. per annum, will be charged on overdue accounts. It being understood that the agreement by the company to deliver under this contract is limited to the following brands:

First Quality.

Second Quality.

Third Quality.

Second-Terms.-Deliveries of all goods made hereunder to November I will be payable December 15, 1896; deliveries in November payable January 15, 1897; deliveries in December payable February 15, 1897; deliveries in January payable March 15, 1897; deliveries in February payable April 15, 1897; deliveries in March payable May 15, 1897. The company shall have the right to call for and purchaser agrees to give upon such call, cash or notes acceptable to the company for the net value of the goods delivered under this contract before the accounts therefor are due.

Third. The purchaser agrees to be governed in his selling price and terms by the instructions of the company, and hereby promises not to depart from or evade, by any direct or indirect means, all the conditions set forth in Section Fourth, Selling Price. It is also understood and agreed that these conditions, for sale of these goods by purchaser, apply to all on hand April 1, 1896, as well as to present or future purchases under this contract. The company, on its part, agrees that if any change is made in the selling price immediate notice shall be given. And the said purchaser, in case of his failure at any time to faithfully observe all the terms and conditions of this contract, or any contract made with the company, hereby consents to the cancelling by the company of all its unfilled orders then in the hands of the company, and in case of such default on the part of said purchaser the company also hereby reserves the right to cancel all said purchaser's orders then unfilled, and in case