The Bismarck Tribune Newspaper, February 13, 1919, Page 7

THURSDAY, FEB. 18, 1919 SUN 08 ear enw eee ere eee {""SUPREME cover ai ‘From Ward Caunty. H. P. Hanson, plaintiff and reapond- ent, vs. L. M. Summerville, defendant vand appellant. ‘ : 8 : Syllabui ‘ ' 1. In an.action ‘broyght for the recovery of the reasonable value of services rendered in securing renters _ for land owned by the defendant, the evidence is examined and held:to be auttesent to establish such reasonable value, 2 hl Appeal from judgment. aud orf#r: of district court of Ward county, Lelgh- ton, Judge. = - beige (D ‘ -Aftirmed. Meeyhab ‘Opinion by Birdzell. J. 3 Greenleaf, Wooledge & ‘Leak, Mi- not, N.D., attorneys for appellant, Pal Aaker, it, N. D.,smatt neys for respondent. or- (‘From Barnes County. ‘W..L. MacKay, trustee, plaintift ‘and respondent vs Jamestown Gas Co. ® corporation, and A. D. Grant, de fendanta and appellants. eBrusius: 5 Thi is an action brought on a prom: issory note of the gamestown Gas Company and A. v.-Grant. The note was given for the balance of an ac- count due from the Gas Company to the plaintiff.. It was made in the name of the company, by Grant, who was the general agent, general man- ager, secretary and treasurer of the _ company. Before delivery Grant sign- ed his name on the back of the note, for value—for an extension of time— hence he became liable to the payee as a principal maker and he was €8-| SQUIBREL. FOOD [fe now> ND HIS FRIENDS OWWeh has ALECK ! COME ON OUT A MINUT! Bw GOT SOMETHIN’ topped to deny the signature of the], Gas company. ; Appeal from ditrict court, Barnes county; Coffey, J. Affirmed. Opinion of the court by Robinson, J. Bronson and Christianson,~JJ. can-)' cur in the result. x From Williams County. Edgar C. \Stratton,: plaintiff. and re- spondent vs. N. 'T. Rosenquist, defend- ant and appellant. Sylabus:, In this case defendant conveyed to the plaintiff a quarter sec- tion of land, with covenants, of title and quiet possession. The ruthless wushing Missour{*river had seized taken possession of about half the land, running across it on the longest di- ‘agonal, and lessening the value of .ev- ery acre. This, of course,-the inti did not know. Twice-the defendant thas had a fair trial and twice the jury ‘has found a verdict against him, and the record presetits no good reasons for fa third trial. There must~be an end to litigation. , Appeal from district court of Will- jams county; Hon. Frank E. Fisk, judge. Affirmed. Opinion of court by Robinson, J. Christianson, Ch. J., Bronson, J., Bird zell, J., concurring specially; Grace, J., -concurs in result. Palme! Joseph ent v3. R.A. copartrers 1s Gran company, defertiant ‘and :appeHant.. series Ina’ written contract for te-ekéhdugs-of property where the de- fendants exchanged a. quarter section .6f land atthe! agreed /prite: Of $40 ah’ acre with the plaintiff for his certain Mock“ of merchandise, the balance of purchase price of land being settled for by taking plaintiff's promissory notes, and such written contract dmony’ other provisions contained the follow- ing clau: “We further agree within one year from date to find a buyer for said land at a price not less than $40 per acre to said Joseph Boxell.” Held that the same“constituted a binding covenant on ‘the part of the defendants o sell the land within one year. If the defendants failed to do so, they were liable in’ damages for the differ- Jence between the reasonable value of fhe land and $40 per acre. *After the fxpiration of the year, plaintiff sold) fhe land for $5,080, ,and the proof is sufficient to-show that that was the reasonable value of the land at the time plaintif€ sold it; that the meas- ure of damages was the difference b tween that and $40 per acre; that the above clause in tHe contract was relied upon by the plaintiff and’to him con- {stituted an inducement to make the contract. It was one of the principal ‘elemeiits.of: it; and was not, as claimed by.défendant, 2 mere broker’s agree- ment. : s <, Appeal front district court, Hettinger county, Crawford, judge. Affirmed. Opinion of court by Grace, J., Bird- gell, J., concurring specially ; Robinson, ., and Christianson, Ch. concurring in result. - M..8. Odle, Mott, N. D., attorney for; plaintiff and respondent. Jacobson & Murray, Mott, N.'D., at: ‘€orneys for defendant and appellants. % ‘From Cass County. The Fargo Mercantile Company, & corporation, plaintiff and~ appellant, ‘vs, Martin BE. Johnson and C..E. Hat iiton, defendants and respondents, Sylalbus: ’ The contract of guaranty upon which the suit is founded is held not to be ambiguous and, according. to its terms, to be aplicable to an @xist- ing account for goods previonsly. oli: @s well as to goods sold subsequent to its execution. : + Appeal from district court of Cass county; Cole, J. « rsed. Reversed. Opinion of the court by Birdzell, J. Robinson and Grace, JJ. dissent. | _ Engerud, Divet, Holt &-frane, far. go, attorneys for appellant. ~ Lyman Miller, Fargo, at: fespondent. - Furniture Upholstery Repaired, Re- > finished and Packed. a |, wandering In the-South‘end in a daze, '} telle mnigh: Sey ! NAVY EVER ON THE ALERT. et ‘ ‘Che of Carelesaness at Sea Is a Thing Punish With THE TRIBUNL’S CLASSIFIED COLUMN It Classified Advertising Rates. Terms Strictly Cash—No Copy Without Remittance Attached “1-Will be Inserted. } With not # Mght showing the trans- | ports plowed the Atlantic, bringing American soldiers to France, writes a naval officer.in the Saturday Evening. Post. / Lookouts +high and low, under navy discipline, searched the seas for hostile periscopes. The convoy, the apex of which was a big cruiser, was Snvisible in the black night. The vig- |' flance of the navy training protected the ‘soldiers, sleeping with their life Aelts on. Suddenly out shot a bright light on the Jeading transport ; a merchant sail- Fernandez Mendose ca rence to.the navy officer in charge: the ship. A sharp command, a seu! fla on deck, @,bluejacket. kicking. the | itayed the Spantard’s electric fashlight | a tintartae Sone! ‘Five days’ sol- itary confinement, ended the lesson. Showing a light.on a man- ’night in time of war is.a courtamayefe! offerine even’ lighting ‘a cigatd¢:br having matches, : er, in ‘absolute ‘charge, enfor carrying troops and punishes the guilty. Because of the navy, criminal care- lessness and conduct involving the safety of thousanls of men came to naught and a possible catastrophe was averted. The navy was in command. MAN MISSING MANY YEARS Found Wandering About Boston, a Vic- tim of Aphasia, ‘He Is Identified by Family~ Boston—An aged man was found He was _a victim of aphasia. His cloth. ing or pockets had nothing to aid: in the identification. Newspapers pub-/ lished a description of the man and, his photograph. “After three weeks hej was restored to virtually normal con- dition, but:was unable to tell the hos- pital physicians his name or address, Mrs. J. H. Borofsky of East Boston saw thedescription in the newspapers, went to the hospital and !dentified the man as her father, for whom she said her family. had been searching many years.:” ‘ 5 WAR RELIC BRINGS. $5,200, Chunk of Concrete From the Mole a Zeebrugge Marketed for / Big Price. 5 Philadelphia—-An estimate of the appreciation American people have for war relics was demonstrated here when a plece of concrete, two by four inclies, taken Tfom the mole of the harbor of Zeebrugge,,..sdid for $5,200. This. amount was raised by a group of :25 Philadelphians in order that the war : it repose in a local museurt;| The memento was sold at auction by Sey ae * Norway, Me—Henry and Ben- jamin Hosmer of this tows ‘are & twins. It has been their experi- ence through life that ‘when sickness overtakes one the other is stricken too. Recently Ben- jamin, who jis a soldier in the army. overseas, was taken to a base hospital suffering from an attack of Spanish influenzg, Here at home at the same time, Henry was algo down with the influenza, mee i war ‘at |; The navy command- |’ hah |: tary discipline on a merchant vessel : First insertion, $6 centa; additional insertions without change of copy, 15 cents. Advertisements containing more than 25 words rill be charged at the rate of two cents a word for each additional word. pe z j HELP WANTED--MALE ° FOR RENT—A t class, modern, | brick store. Splendid opening for millinery and dressmaking. . Apply to C. T, Otte, New Salem, N. D. 2-12-4t WANTED—Tobacco cabinet and ci-| ear and candy show cases in good condition. Call at McKenzie billiard __batlor. 2 11:8t COBS—50 cents= a load at. Missquzi i Malley, Seed Co. (Old Brewery). | : 211 VW ‘AN TED—Practical hursing by. day or week, Phone 740-L, 271 wk WELCOME! RETURNING SOLDIERS AND SAILORS. | . Full informetion as to all. em: ployment openings in this com- ' munity and elsewhere will be giv- en you FREE at the Bureau for Returning Soldiers and Sailors, , Northwest Hotel: Building, hone fe 17'/.-/All nationaliand local @fforts to assist. you atecithere:,ctigeen- Knot Holes Are Not Holes! GOS, FRECKLES -— WHAT: ARE THOSE | HOLES IN TH BACK HERE 2 of the best income properties in this city, has, 17 rooms (including two bath roms), full basement and hot} water heating plant, furniture and) fixtures were bought’ new aboat 14 months ago and ore hiAT condition. | 1 am offering this property at aj bargain as | have other business interests to look after. $1,000 to} $1.500 cash will swing the deal. Terms on balance, For particulars call on or address J, P. Thompson, 411 5th street, City, 2.8 2 wks RETURN from service, will house cleaning and window wor Ready for service. THeadquarters, 210 Broadway, phone 521, Salvation _Army. 12-1w FOR SALB—Dry stove wood. Apply Alex Couch, Phone 5881. 271 wk BUTTERMAKERS APTENTION!—A creamery for rent at reasonable! prices, For particulars inquire Henry Klundt, Krem, N. Dak... ; as tds 2:32 wks FOR \RENT—Céstimes tdi’ mastjuer- ade ball. ‘Algo masks, Wigs, etc, HM day Friday at Yan, Horn Hotel. 211 3t FOR © -SALE—Merry-go-round) com: plete. Write’ J.:Damschen. Parshall, N. “D+ for ‘particulars.~ -- WANTE! wants employment. stoté or .traveling. _‘Telbnn GOVERNMENT will hold railway } mal elerk’ examinations in Bis- H marck, Matafach}.i: $92 month. Ex: perience upnecessary. Mepy; 18,01 i over, Seairine clerkships ar free articulars,:Raymony Terry; (former civil servide examiner)... 4 Continental}. Building, Washinator | ‘ 2 it Either athe, rer Taha here ae May ; 279 FOR SALE—Straw, $1.50 per load at Stack. Call Bismarck Elevator Co., or Phone 203, 28tf YELLOW/REED baby bugey for sale. Phone 630 K. 5 ett a TL 1815 8th WIDOWS—More_ than. wives ‘believe iia life insifrance, protection without for rates, Salemsen wanted, Guar- antee Fund Life Association, L. H. Langley, ‘state manager,-314 Broad- way. Phone 888. 2-3-tf 1919 CONTEST CLUB, ‘Wilton, N. D. Get into it boys and girls, thousands of dollars: waiting: for you. Send 10c for enrollment:and full partic- ulars, The. 1919 Contest Club, Wil-! 1)... ton, 28 1 wk FOR S. rooming and apartment house with complete fur- nishings throughout. This property GOVERNMENT railway mail clerk ex- amination (males and females) aMrch 15. Special full, complete preparation only $10 by our expert, former government examiner. En- roll today or write for free particu- las, “RMC.” Patterson Civil Service School, Rochester, N. Y. 2 27 6t ROOMS FOR RENT FOR RENT—Furnished room strictly’ modern, by doy gg by week. Address investment -feature. , Call or write} AGENT--SALESMAN—Guarantee Fund 319 7th street. 2-3 1t ig exceptionally well located and one FOR RENT—2” modern rooms, 1 double room, $6 and $7 permonth. { Modern roms’;for» winter. Ab 3rd j 3 ‘. 6t ;_ Street. 2 Fort RERT—Three > well Sta rooms on street car line. two bloc! Fourth 212-1w OH MY, HERE Comes ' from the postoffice. Call-320 THE EXPRESS Train. street. = FOR SALE OR RENT— , HOUSES AND FLATS _ FOR: RENT—Modern, five room du- plex. ‘Water furnished. - Inquire 211 Rosser street or phone 360X. 2-12-1w t SALE—Hight room house at: 118 First street. Partly modern. One 6.room fouge nearly modern'at 516 Third St. ‘The above property will be \gold ‘ai sacrifice and good terms given. Quick action neces- sary. Apply owner, 516 Third St. 2 11 bt FOR SAL®--Modern house and” gar- age, well. Jogaten Convenient terms. -B. jarks, Bismarck, N. 25 tt one Dak. = ern cottage. FOR RE! 404 K or 794. Geo, W. Little, 1.10 tf WOR RENT —Modera & ‘room ‘bouts. Inquire O. W. #Phene 15: or i Roberta, Phone dai tt ix “room, strictly 3 ern bungalow in Riverview addition. A bargain if rue at once. If in- Be EN OR wiv ACRES aplen raw & Jand for sale on half crop pa: plan in tracts to suit purchaser. L. Garnes, Regav, N. Dak. Jacre; 6 miles east of Baldwin, reas- qnable:terms. Would take automobile in part trade: J. C. Anderson, Bis- marck, N. D. 271 wk WANTED RENT. TO. .RENT—Have .a large list of clients who wish to rent furnished or. unfarnished rooms, Turn that extra room into cash. L. H. Lang- ley, Phone 888. 2-3-tt oo AUTOMOBILES. MOTORCYLES FOR SALE—Case Automobile in splendid condition. F. 5. Beall, Are- |... » ua, N Dak. #7 Bes 728 12 we aaAT, BAL |DOINGS OF THE DUFFS TWO SPLENDID SADDLE HORSES for sale. These horses are sound gentle, well: broken‘ to’ ride or drive and high class in every way. Will sell cart, cutter and;harness with the horses. F./S.) Talcott. WRITE Los Angeles ¥. M,C" Av auto school, Get started right. ‘ \ A 21 1mo AGENT—SALESMAN Life Association offers exceptional inducements to men or women who are experienced in or who would like to enter the business of life in- surance. L, H. Langley, 314 Broad- way. 2-3-tf AGENTS WANTED—Memorial Life of Roosevelt, America’s war for Hu-| manity, each $2.00. 50 per cent commission to agents. Ford auto- mobile given free for 90 days best record sales. Send 20c for each out- fit. F. B. Dickerson Co., Detroit, Mich, 27 6t THEM ARE KNOT HoLes 9 Danny Makes It Embarrassing. NOTICE TO CREDITORS. In the Matter of the estate of Jen- nie Wood, de Notice is hereby given by the under- igned W. rck, in the county of of North Dakota, of, and all persons having claims against said de- ased, to exhibit them, with the ne- sary vouchers, within four months after the first publication of this no- tice, to said administrator at the of- fice of F. BE. McCurdy in the city of Bismarck, in said~ Burleigh county. Dated February 12, A. D. 1919. WILLIAM W. WOOD, Administrator. First publication on the 13th day of Feb, A. D, 1919. 2— 12, 30 27; 3—6 E OF MORTGAGE FORE- CLOSURE SALE. tice is hereby given, that, where- asidefault has been made in the terms aig) conditions of that certain mart- gage made, exccuted and delivered by Thomas Roy Crawford, a single man, to Walter L, Williamson, dated June 1, 1917, and filed for ‘record In the office of the register of deeds, of Bur- leigh county, North Dakota, on June 22,1917, at 11:20 0’ Kk a.m. and recorded in Book “151” of ufortgages, on’ Page 8, and which mortgage: was there after and on the 3rd day of July, 19}% assigned'to Elizabeth B. Adams, whigh assignment has been filed for refgad and recorded inthe office of thf pegister of deeds of, Burleigh coun- tyj{North Dakota, said mortgage will be foreclosed by a sale of the premises i said mortgage and hereinafter de- scribed, at the front door of the court hotise in the city of Bismarck, county of Burleigh and state of North Dakota, on Saturday, the Sth day pf March, 1919, at 2:00 o’clock p. m.* The premises described in said mortgage and which will be sold pur- suant to this notice, are described as follows, to-wit: The Northwest Quarter (NW 1-4) of Section fourteen (14), township one hundred thirty- nine (139), North of range seventy- five (75), West of the Fifth Principal Meridian, containing one hundred six- ty (160) acres, more or less, according By Allman NOTIC OU.No, You cAn*r *| TAKE DADDN FoR- A RIDE- Ne’s NYAS.) WANNA “TAKE. DADDY For, A RIDE - GET WELL, WHAT ARE THEY to the United States survey thereof. The amount due on such mortgage at the. date of sale is four hundred dol- lars and twenty-nine cents ($400.29), which amount includes the sum, of two hundred and twenty dollars and seventy-three cents: ($220.73), in- terest. paid by the assignee in accord- ance with (he terms of said mortgage, on a prior and superior Hen existing against the above described real estate; besides the statutory costs and disbursements. as provided by law. Dated, January. 31, 1919. ELIZABETH B, ADAMS, Asignee of Mortgagee. Kvello & Adams; Attorneys for Asajgnee, Lisbon, North Dakota, 1—80; 2—6 12 20 27; 3—6. NOTICE OF MORTGAGE FORE- CLOSURE SALE Notice is» hereby given that: the mortgage executed by Cornelius Wili- jams and Clara’ Williams, his: wife, mortgagors, to the First Guargnty Bank, a, corporation; of Bismardk, North Dakota, dated: the, 3g day,jof December, A. D. 1917, ahd" file ibe record in the office of the Regi of Deeds in Burleigh county, No: Da- kota, on the 25th day of January, 1918, at 9 o'clock a. m., and duly. re- corded in Book 147 of Mortgages, page 202, will be foreclosed by sale of the premises in said mortgage) and hereinafter _ described, at the! f¥pnt door of the court house in the! city of Bismarck, Burleigh county, ‘Notth i Dakota, at the hour of two o’clat p.m. on the 21st day of February, 1919, to satisfy the amount due.in such mortgage, on the date of sale, The premises. described in ‘said mortgage ‘and which ‘will be sold at the sale are described as follows: Lots thirteen and fourteen (18 and 14), block fourteen (14), McKenzie’s | addition to the city of Bismarck, North | Dakota. There will be due on such mort- gage at the date of sale the sum of |$774.04, which includes interest paid by said mortgagor upon a prior mort- gage in the sum of $210.00 and in- terest thereon at the rate of. 10 per cent after September 28, 1918. The above sale will be made because of the default of the mortgagor, who has failed to. pay the said sum of 1 $500.00, which was due January.1st, 918, and: to. pay, the’ interest“upon the prior mortgage as “aforesaid, and js made pursuant: to ‘a power of sale in. said mortgage contained. Dated this 8th day of January, 1919. FIRST GUARANTY BANK of Bismarck;-N. D., Mortgagee. E. T. BURKE, Attorney for Mortgagee, Bismarck, North Dakota. ‘1-9-16-28-30; 2-6-13 “TWIN BEDS” Salisbury Field and Margaret Mayo’s funniest of all funny plays will be the attraetion at the Auditor- ium tonight. Laughter is said to never leave off in “Twin Beds.” It is a riot almost all the-time,’a tornado of harum-scarum fun. “Twin Beds” concerns itself with the harrowing ex- perience of three ceuples who Hive in a large fashionable apartment house, and_through the friendliness of one of their number, suddenly find that, t as they may, they cannot escape eac! oth In the scramble for peace and _| privacy, both of which récede steadily as the plot unfolds, the characters are intensely amusing. The cast and pro- duction seen here is the one especially organized for a Pacific Coast tour of the prominent cities. AMBITION When a consuming ‘ desire for big sutcess in business “is com- bined with a due un- derstanding and appre- ciation of newspaper advertising, the young man in business is on the road to the top.