Transcription
Middletown, Conn., August 2, 1870
Memorandum of Agreement made this day between Orange Judd of New York, + Henry A. Ward of Rochester, N.Y.
In consideration of this sum of thirty five hundred dollars ($3500.), to be paid as hereinafter stated, Mr. Ward has this day sold to Mr. Judd a collection of plaster casts of fossils + geological models, a catalogue of which is hereto annexed. These casts are to be of perfect workmanship, finish, + execution; and are to be delivered by Mr. Ward, at his own expense, in the Orange Judd Hall of Wesleyan University at Middletown. All casts are to be painted in imitation of the originals.
Mr. Ward agrees furthermore to himself do or cause to be done at his own expense all the work of thoroughly mounting + putting in order the above series of casts (the Megatherium to be mounted on tripod, as at Boston Society of Natural History, without a railing). He further agrees to furnish + place in the Orange Judd Hall, at his own expense, five pedestals constructed in a strong, neat, + finished manner, + in harmony with the finish of the other woodwork of the Hall, for the occupancy + placing of the following specimens, viz. Nos. 23, 36, 112, 128, 148, + 279 of Mr. Ward's published catalogue.
Mr. Ward agrees to have the whole work completed by or before the 15th of November, provided that no hindrance occurs by reason of the incompleteness of the Orange Judd Hall.
All the specimens are to be numbered, + furnished with labels printed on colored pasteboard.
The list of specimens chosen, hereto annexed, may be altered by the mutual consent of Prof. Wm. N. Rice + Mr. Ward, but not otherwise. In the case of those suites of specimens mentioned in the list hereto annexed without designation of the particular species, the specimens shall be hereafter selected by mutual agreement between Prof. Rice + Mr. Ward. And, in these suites, the price of the specimens shall be subject to the same discount pro rata which is noted in the published catalogue for the entire series from which they are selected.
If, after Mr. Ward has delivered, mounted, + arranged the entire collection
of specimens here noticed, there should arise any question as to the finish or perfection of the casts themselves or of their mounting, Mr. Judd may call in as experts any or all of the following named persons, viz._ Profs. J. D. Dana + W. H. Brewer of New Haven; Prof L. Agassiz of Cambridge, Mass.; Prof. G. H. Hitchcock of Hanover, N.H.; Prof J.S. Newberry + Dr. J. Torrey of New York: and their decision in the matter shall be final as between the two parties hereto.
Mr. Judd agrees to himself bear all risk from fire or outside depredations, while the material is in the Orange Judd Hall, + being stored or arranged.
Finally Mr. Judd agrees to pay Mr. Ward the sum of thirty five hundred dollars ($3500.), on the 14th of December, 1870, provided that Mr. Ward's part of the contract be then fulfilled, reserving only any previous fragments which he may have made + Mr. Ward receipted for.
In witness whereof both parties have hereunto set their hands + seals the date just above written:
Henry A. Ward
Orange Judd
In presence of
Wm. North Rice.