the company, but only the
oil on hand, for which it paid the full market price, amounting to
about $19,000, and the item "works, good-will, and successorship,"
which were offered by Mr. Marr at $71,000, and for which the Standard
offered $60,000, which was promptly accepted. Mr. Marr made affidavit
as follows:

"Charles H. Marr, being duly sworn, says that, in behalf of the
Backus Oil Company, he conducted the negotiations which led to the
sale of its works, good-will, and stock of oils and during same
when said company had offered to sell its entire stock for a gross
sum, to wit, the sum of one hundred and fifty thousand dollars
($150,000), which was to include cash on hand, accrued dividends,
accounts, etc., said Jennings requested said company to submit an
itemized proposition fixing values upon different articles proposed
to be sold, and that he, after full consideration with Mrs. Backus
and with her knowledge and consent, submitted the written
proposition attached to said Jennings's affidavit; that the same is
in his handwriting, and was copied at the office of the American
Lubricating Oil Company from the original by himself at the request
of said Jennings, and said original was submitted by affiant to
Mrs. Backus.

"That she was fully cognizant of all the details of said
negotiations and the items and values attached thereto in said
proposition, consulted with at every step thereof, none of which
were taken without her advice, as she was by far the largest
stockholder in said Backus Oil Company, owning about seven-tenths
(7/10) of said company's stock, and she fully approved of said
proposition, and accepted the offer of said Jennings to pay sixty
thousand dollars ($60,000) for the item works, good-will, and
successorship without any opposition, so far as affiant knows. And
affiant says that the amount realized from the assets of the Backus
Oil Company, including purchase price, has been about one hundred
and thirty-three thousand dollars ($133,000), and a part of its
assets have not yet been converted into money as affiant is
informed."

Mr. Marr, who was, it will be remembered, the widow's representative,
refers to the negotiations leading up to the purchase and says:

"But affiant says that nothing that was said by Mr. Jennings or
anybody else during t