James E. B. Austin to Stephen F. Austin, George Huff, and Joseph Servison, 10-26-1824

Summary: Contract to build sawmill, gristmill, and cotton gin.

This agreement made and entered into at the Town of San Felipe de Austin in the Province of Texas this 26 day of October 1824 between James B Austin of the one part and George Huff and Joseph Servison of the other part witnesseth that whereas the said James George and Joseph have obtained a grant from the Mexican Government for Eight Leagues and a half of land Situated on the San Bernard Creek in the Coloney formed by the Empresario Stephen F. Austin in said Province on condition that they build Mills on said tract within two years from the date of said Concession—now the said George Huff and Joseph Servison agree on their part to build at their owne expence a good saw and grist mill at the Mill seat on said tract of land to be completely finished in a good and workmanlike manner within the time specified in said Concession—The saw mill to be of one saw with a good and Sufficient House and the Machenery necessary for a Saw Mill—The Grist Mill to be constructed either single or double geared as may best suit the Stream with one pair of four feet mill Stones of good quality and a good and Sufficient frame mill House sufficiently large to Admit of the addition of a Cotton Gin.

The mill dam to be built in the Manner which may be deemed best calculated for Strength and durability so as to suit the seat and the size of the Stream. The whole to be executed in a good and work- manlike manner and to be put in complete operation, which saw and Grist Mill thus completed, shall be the joint property of said James, George, and Joseph each one owning one third and each to receive one third of the nett proceeds— And the said James B. Austin agrees on his part to pay the Surveying and other fees on the said Concesion of land in full out of his own individual funds— Also it is agreed by the said parties that all further improvements besides the above mentioned saw and Grist Mill which may be made on said tract of land with the consent of each one of them shall be at the joint and equal expence of all three each one paying one third — Also it is agreed that a Copartnership shall exist between the said James, George and Joseph for the purpose of working said saw and grist mill which shall continue for the term of ten years unless sooner dissolved by Mutual consent and the business of tending said Mills shall be conducted in the name of George Huff and Company— provided that neither of said parties shall contract any debts or make any contracts whatever in the name of the Company with out the consent of all three first obtained, and it is specially understood that neither of them have any authority whatever to bind either of the others for the payment of any Money or the execution of any contract whatever unless their consent is first given to that effect-— also it is agreed that should either of said parties wish to improve a farm on said tract of land as his own individual property a sufficiency of land for that purpose shall be laid off with the consent of the other two and deeds of relinquishment mutually executed therefor, but no other farms or Settlements shall be made on said tract without the consent of all three—

In witness of all which the said parties have hereto signed their Hands the day and date first above mentioned

James B Austin by his agent S. F. Austin [Rubric] Geo Huff for him Self and Joseph Servison Witness Present

Samuel M Williams [Rubric]

The above Agreement between George Huff, Joseph Severson and James E. B. Austin is this day cancelled by mutual consent and declared to be null and void

San Felipe de Austin May 21, 1825

Geo Huff Joseph Seveson James B Austin by S. F. Austin