heir progress could be construed into a
threat, nor did anything that was said or done by said Jennings
hasten or push forward said trade."
He also says:
"Affiant says that the negotiations extended over a period of from
two to three weeks ... and during their pendency that Mrs. Backus
frequently urged affiant to bring the same to a conclusion as she
was anxious to dispose of said business and relieve herself from
further care and responsibility therewith. And when the said offer
of purchase by said Jennings upon the terms aforesaid was conveyed
to her by affiant, she expressed herself as entirely satisfied
therewith."
Mr. Maloney made an affidavit that he was superintendent of the Backus
Oil Company from the time of its organization, and also a stockholder
in the company, and had been associated in business with Mr. Backus
for many years previous to his death; that he took part in the
negotiations for the sale, representing Mrs. Backus in the matter.
After speaking of the negotiations, he says:
"Finally, after consultation, the proposition was made by her to
dispose of the works, good-will, and successorship for $71,000. A
few days after the proposal was made to her to pay the sum of
$60,000 for works and good-will, and to take the oil on hand at its
market price, which proposition she accepted, and the sale was
concluded.
"During these negotiations Mrs. Backus was anxious to sell, and was
entirely satisfied with the sale after it was concluded. I know of
the fact that about a year and a half previous she had offered to
sell out the stock of the Backus Oil Company at from 30 to 33 per
cent. less than she received in the sale referred to, and the value
of the works and property sold had not increased in the meantime. I
was well acquainted with the works of the Backus Oil Company and
their value. I could at the time of the sale have built the works
new for $25,000. There were no threats nor intimidations, nor
anything of the kind used to force the sale. The negotiations were
pleasant and fair, and the price paid in excess of the value, and
satisfactory to Mrs. Backus and all concerned for her."
So far as I can see, after more than 30 years have elapsed, there was
nothing but the most kindly and considerate treatment of Mrs. Backus
on the part of the Standard Oil Company.
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