Winter Garden Magazine January 2015 | Page 13

History’s Mysteries Arthur Bullard Newton (1864-1940), one of the founding fathers of Winter Garden, was an agent for the Orange Belt Railroad and shipped oranges around the country. During the turn of the 20th century A.B. Newton, like the businessmen of today, had problems with labor disputes, quality of product, and even shipping and receiving. When one of these problems occurs, the company has numerous avenues to follow to resolve them; either by a gentleman’s contract or by petitioning the court system to intervene and settle the dispute without hassles. This one particular problem between A.B. Newton and The Bayless Fruit Company dealing with a shipment of five freight cars full of oranges had to be settled by the Kentucky court system. On December 5th 1907, a freight car full of 250 boxes of oranges was loaded and sent on its way, bound for Lexington, Kentucky. Another freight car full of the same amount of boxes and product left the Winter Garden rail station bound for Lexington on December 6th. Three more cars filled with precious commodity left Winter Garden, having the same destination, on December 7th, 8th, and 10th. Each freight car was received in Lexington and then when three of the cars arrived at Bayless fruit, the company refused the product, due to it being unsaleable – the fruit was green. One of the clauses in companies’ agreement stated that the purchaser could refuse any shipment with written notice to the seller. Before the notice arrived at A.B. Newton’s office, the rail cars left Winter Garden. Because of this, and the lack of technology to communicate more rapidly, Bayless deducted $125.00 from the final payment. Telegrams were sent to each of the companies and the brokers, Lexington Brokerage Company and Merchandise Brokers, who coordinated the shipment to Bayless Fruit Company. When an agreement could not be made, paperwork was filed in court. According to testimony, a rail car with 250 boxes of oranges was loaded in Winter Garden and shipped to Lexington on December 7th, 1907; after receipt of a telegram from Bayless Fruit. When shipment was refused, Mr. Newton had to divert the load of oranges to North Carolina. He sold the entire shipment of 250 boxes for a reduced price of $174.00. The two remaining cars were returned to Winter Garden and sold to other parties for a substantial loss in price at $1.40 per box, a sixty-five cent loss per box. The total loss claimed by A.B. Newton on the three freight cars of fruit was $487.50, which the amount was sued for. According to Bayless Fruit Company’s evidence, a telegram was sent to A.B. Newton’s office on November 25th, 1907, prior to receiving the shipment. The telegram reads as follows: “Owing to the stringency of money market we are compelled to cut out two cars off our contract. Kindly cancel the one on the 5th and the 10th. We will try to take these cars up in January.” Although the attorneys argued the legality of the telegrams and the contracts signed by all parties, no one, and no amount of arguing could deter the jury from following the laws of contracts of 1907. As stated in the Southwestern Reporter (vol. 159, pg. 968-971): …the entire contract for successive deliveries of goods sold, a vendor’s breach in the earlier deliveries, or any of them, may relieve the vendee from liability for subsequent deliveries, if prompt notice of refusal to perform is given by the latter. Due to the incompetent evidence brought before the court, the jury awarded $487.50, to A.B. Newton of Winter Garden. Arthur Bullard Newton was the first store owner, mayor, newspaper editor, postmaster, depot agent, school teacher, and the first cashier of the First National Bank. He also served in the Florida House of Representatives in 1909, 1915 and 1921. Newton Park on the shore of Lake Apopka bears his name, de