"This
agreement made this February 14, 1898, by and between Minnie
Gawthrop and John Gawthrop, her husband, of Van Buren
township, Kosciusko county, Indiana, and Vanton O. Foulk
trustee, of Cleveland, Ohio, witnesseth, that said Minnie
Gawthrop and John Gawthrop, their heirs, executors and
administrators and assigns, for and in consideration of the
sum of $ 65 per acre for each and every acre of the tract or
parcel of land hereinafter described, or so much thereof as
said Vanton O. Foulk, trustee, his heirs or assigns shall
elect to purchase under the terms of this agreement, to be
paid as hereinafter set forth, shall on or before August 15
1898, at the option of said Vanton O. Foulk, trustee, his
heirs or assigns, all or any part thereof, as said Vanton O.
Foulk, trustee, his heirs or assigns shall elect, of that
tract or parcel of land situated in Kosciusko county,
Indiana, and described as follows, to wit: * * * That said
conveyance shall contain the usual covenants that said
premises, at the time of such conveyance, are free and clear
of all demands and encumbrances whatsoever, and all other
usual and reasonable covenants; that said Vanton O. Foulk,
trustee, his heirs or assigns, in consideration thereof,
shall well and truly pay or cause to be paid to said Minnie
Gawthrop and John Gawthrop, their heirs, executors, or
administrators, the aforesaid sum of $ at the time of the
execution and delivery of this conveyance; that in case said
Vanton O. Foulk, trustee, his heirs or assigns, shall not
well and truly pay, or cause to be paid, to said Minnie
Gawthrop and John Gawthrop, their heirs, executors, or
administrators, the aforesaid sum on or before August 15,
1898, then and in that case this agreement shall be null and
void as to both parties hereto, and neither of said parties
shall in any manner whatsoever be bound thereby; that said
Vanton O. Foulk, trustee, his heirs or assigns, shall erect,
or cause to be erected, at or near the town of Milford
Junction, Indiana, in Van Buren township, a factory for the
manufacture of Portland cement, the capacity of which shall
not be less than 50,000 barrels of finished product annually,
said factory to be completed and in operation within a period
of eighteen months from the date of the
execution and delivery of the conveyance herein provided for;
that in case said factory shall not be completed as herein
set forth, said Vanton O. Foulk, trustee, his heirs or
assigns shall reconvey the tract or parcel of land
hereinbefore described to said Minnie Gawthrop and John
Gawthrop, their heirs or assigns, and upon execution and
delivery of such conveyance the said Minnie Gawthrop and John
Gawthrop, their heirs or assigns, shall pay, or cause to be
paid, to said Vanton O. Foulk, trustee, his heirs or assigns,
a sum in lawful money equal to one-half the purchase price of
the tract or parcel of land as hereinbefore described, paid
by said Vanton O. Foulk, trustee, his heirs or assigns, under
the terms of this agreement; that said Minnie Gawthrop and
John Gawthrop shall have the right to use for pasturage or
other farming purposes such part or parts of the tract of
land herein described as may not be in use or be required by
said Vanton O. Foulk, trustee, his heirs or assigns, in the
process or for the purpose of the manufacture of Portland
cement; that said John Gawthrop shall have the right to take
off all growing crops and to remove all division fences
located on the tract of land herein described; that said
Minnie Gawthrop and John Gawthrop shall have the right to
build temporary fences for the purpose of retaining his stock
in pasture on the within described parcel of land, provided
such construction of fences does not in any manner interfere
with the taking of the...