AZ vs. CA:03 California Exhibits, Vol III; Nos. 114-150

page 3

__3__ receipt of which was duly acknowledged, extended the time of payments stated in said contract of May 21, 1895; Whereas on the 3rd day of June, 1896, another and supplemental agreement was entered into between the said An-drade, S. W. Fergusson and C. R. Rockwood modifying and changing the terms of the aforesaid contract of May 21st, 1895, and the aforesaid extension of March ......, 1896. And whereas all of the above mentioned contracts and agreements have since the dates mentioned been assigned to the party of the second part hereto with the consent of the party of the first part thereto, Now Therefore, in consideration of the sums already paid to him under the aforementioned contracts, the said party of the first part agrees that upon the payment to said party of the first part of the sum of Six Thousand ($6000) Dollars in United States gold coin, the surrender to him and the cancellation of that certain promissory note made and executed by him for the sum of Four Thousand ($4000) Dollars to Philip Van Volkenburgh, and the surrender and satisfaction of the mortgage covering the lands hereinafter mentioned made to secure the payment of said promissory note, the transfer to said party of the first part of Four Hundred (400) shares of the capital stock of the aforesaid California Development Company and Eighty Thousand ($80,000) Dollars of the land scrip of said California Development Company estimated at its face value, all of said things to be done on or before the 1st day of August, 1897, to execute and deliver to the said California Development Company,