The Bismarck Tribune Newspaper, January 26, 1920, Page 7

MONDAY, JANUARY 26, 1920 [ SUPREME COURT * x FROM rang FORKS COUNTY. ithe ones ordered and shipped thefn from a different source of supply in- ;dicatesan exercise of judgment suf- ficient to’ justify. the buyer placing reliance’ upon “its skill and judg- Bert D. osks “Plaintiff and Appellant, [ment.” ‘ A. J. Kavanagh, Defendant and Re-/| spondent. Syllabus. 5 7(1) The plaintiff, who is an archi- tect, entered into a written contract with the defendant, by which he agreed to furnish plans. and specifi- cations “for a theatre, store and apart- ment ‘building for site 65x125 feet, to be erected in-Grand Forks, N. D.,” 1 (3) Where-scircumstances anterior | of an infplied warranty, a printed statement on the invoice jn negation of a warranty does not operate to extinguish it as a matter of law. The record showing that the (4) [gutaaees recovered on ‘the counter- claim were based: upon a breach of an implied warranty in the sale ot {goods substituted for those originally for whiclr the defendant agreed to pay j ordered by the defendant, and that certain per cent of the cost of the building” Nothing was said in the contract about the cost of the build- ing. lt is held that evidence was admissible to show that it. was the + understanding of the parties that the buildings should not cost more than $60.000.00. ~ (2)-Certain evidence offered i by | plaintiff? tor the purpose of showing the amount and value of the work done in preparing the plans and spec- j ifications; and*the contents of letters written by him io varios contractors who submitted’ bids for the proposed building, held propérly excluded for reasons stated in the opinion. (3) A motion for a new trial on the ground of, newly discovered evi-| dence is addressed largely to the sound, judicial discretion ot’ the said trial court. Such discretion is to be exercised in determining the diligence shown, the truth of the matters stat- ed, and the materiality and probability | and the effect of them, if believed to be true. It is presumed that the dis- cretion was properly.exercised; and the appellate court will not interfere! unless an abuse of such aiscretion is clearly shown, Appeal from the District Court of Grand Forks County, Cooley, Judge. Plaintiff appeals trom a judgment and-trom an ordér denying a new trial. od ~ Affirmed. Opinion Of the Court’ by Christian- son, Ch. J. Grace,” J. concurs special- ly, Murphy & Toner, Grand Forks, At- torneys tor Appellant. Bangs, Hamilton & Bangs, of Grand Forks, Attorneys for’ Respondent. FROM! WARD. ‘COUNTY. Ralph M. Ward, doing business as Ralph M. Ward & Company, Plaintiff and Appellant, . Vv. George I. Valker, doing business as Valker’s Minot ( the substituted goods were not sup- plied as a part of the original order, the clause-in the original order which expressly provides that no warranty of’ the substituted’ goods. Appeal from the district .court of {Ward county, Leighton, J. A ones “of the Court by Birdzell, J. Robinson, J. dissents, Hon. Arthur M. Thomson, Minot, At- torney toy Plaintiff. Messrs. Balda.& Aaker, Minot, At- torneys for Defendant. /EX-CORPORAL HAD NO SHOW Net Exactly a Willing Father-.in- but He Couldn’t Forget His be Army Training. The youthful ex-leutenant felt I!) at | ense as he appreached the young look- ing but the older ex-corporal. ‘They had been in the same company. before the young officer knew the cor- poral had a beautiful daughter. “Er—Mr, Jenkins,” the young man addressed the other. / “I—er—wish peak freely, Sir, sir—er—Mr. Had- ley,” replied the older man. “Well, the fact of the matter {s 2 want to marry. your daughter.” You lay off that stuff.. Get me?” Whereupon the angry Jenkins start- ed for the young man. Hadley siinply straightened up. “'Shun!”~he snapped, as only .one who has been in the Rrmy can say It. Involuntarily the other drew himself up a second quicker than greased light- ning. Hadley went on, “Now, Bernice and I love each other to the inyoices ‘indicate the existence | is_given is, not applicable to the sale | That was,|~ “Not, by. a darned sight. Why, you |: Impudént young dog, if I had yon out: | side I'd whale you good and’ proper. | ‘BISMARCK. DAILY TRIONE | SEE WHERE Some. { MORE PEOPLE WERE TAKEN ILL FRom DRINKING WogD ALCOHOL They Le BE DRINKIN’ | GASOLINE The NEXT THING You KNow — terned pending a decision as to their DOINGS OF THE DUFFS They. Don’t Want It Refined, Helen, 1 WeaRD OF A FELLOW THE OTHER DAY WHO DRAINED AN AUTOMOBILE RADIATOR: AND DRANK THE, CONTENTS | BECAUSE Hy HAD LCOHOL, We OIT= ALCON IT: U SHOULD THINK. THEYD [/ DRINK BENZINE - (T'S More REFINED! CALL FOR REPUBLICAN STATE, | tional Republican Convention to be CONVENTION SEVEN eo eee ow ’ WANT COLUMN ‘ ANTRD— MALE PREVIOUS EXPERIENCE “is wnneces- sary to becom farming. or thresh ‘Thresher na an expert in pow The ‘Twins City ‘chool is conducted by prac- tical experts, men who know the game from start to { you the benefit Complete course of instruction inf can Umited number, day. Next coun Minneapolis Minneapolis, 3 inish, and who will give of their long experience, accommodate only a write fer details to- e starts January Sth, Steel & Machiner: nn oi) WANTED Two unusua for lumber ya ard managers; on | ly! attractive openings | ot | | ! WANTED if or over, Quick ¥ tion sufficient, List. positions mediately: | Fr B24 AN, “Roche! WANTED — An class of Wilto unbalanced, t Guaranteed: heaps of spr Class, Wilton, N. D., TRARN THEE saved by our m1 Beginner anent positions, ‘ork, big wage expert instruction; TELY—Men-women . Government Posi 's Bet $1100 to $130) raise to $1800 and, ovi Common educa iniluence unnecs free. open, Write i anki Rte 124-1 ‘other hoy for Senior on High School. We're wo girls and one boy. Congenial hunch, ees. President Senior Box 4. 1-21-1wk BARBER ; few weeks completes; time and expense method; only rellable in- stitution of its kind in the Northwest. Call or write ber College, _heapolis, © WANTED=Be as City, a NY Hartley atalog. Moler Bar- Nicollet. ae Min- 1-2-1mo. experience { Detective - Missouri, { SASS) Sa EE Dept. | ‘TRADE—Easy | Plgnt—small, capital required—excel- lent field. Largo profit, Full ‘factory co-operation, C, Willis, 196 Garrick Bldg., Chicago. - . - 1-24-1¢ PERSONAL s DY er eee Here'is your chance to learn| WOULD LIKI TO GET ACQUAINTED how to operate and repair any, with a. widow woman, 45 to 50 years old, for a housekeeper . or. marry. Barney Sehueller, Antler, N. D, Box 134, 1-2-1mo. ‘ROOMS FOR RENT RENT—Four fooms, all_ modern, double and»single rooms. Nice warm place for winter. $7.00 and $8.00 per month, 713 3rd St, 1-9-2wks FOR RENT—Furnished modern room at 619 Gth St. Phone 619L. 1-23-8t FOR RENT—Room, Call 171 or at 415.Fourth St. 1+23-2t POR RENT 40%, Bt 5th S BUSINESS OPPORTUNITIES _ FREE 7Copi Post YC sands are making surprising profits from marvelous ‘Texas-Louisiana . Oil fields; Postal brings you valuable in- formation, showing your increased’ prosperity, FE ing quick money making opportunities write, Independent Oil News, Suite B3 Gilmore Bldg. Ft. exas, 1-24-it Judge Day against his ow he did it. You may apply the same principles with equal chance of succe: Write for free copy of bles sto Manning & Co., 1 West ‘urnished rooms for lagi how thou- Worth, OIL LEAS wealthy i 'S;_NOTES in world; no charges May's Collection Kentucky. OLLECT claims anywher unless we colie Agency, Somerset, FOR SALE OR RENT— HOUSES AND FLATS Mls, , Norristown POSITIONS WANTED #UMPIS etands fosition Ww from 5 to 6 p. SOGRATHER und at bookkeeping desi relinble tirm, Call 6’ m, 1-16-1wk -|FOR” SALE—Three houses and si) GOR SALE BY OWNER. ‘al bargain, Stucco “home in. Riverview addition, completely modern, on pavement. Three bedrooms, oak floors throughout. Priced right: for’ quick sale. Owner ‘leaving city. Possession at ‘once, For and’'terms, call’ Telephone 682. 1 price lots, five acres of land in city limits. $9,000; cash, $3,000. Frank Kral, -| _Tatlor. z ‘OR SALE—House 16x28; city water and light. Will sell for $1200%0. Address 917 9th St. 1-22-1wk FOR SALE-—Six room modern house with’ good garage, on 9th_ street. Geo. M. Register. 1-23-1wk FOR SALE—A modern =X room hou; eonhouse, Defendant admission to the islands. iheld in the City of Chicago, State of Cloae in for $3,350 on, good terms. it and Respondent. and—" ) 1920. Illinois on the 8th day ot June, AGENTS M, Ttegi 1-17-1wk Syllabus. “Cl By G g, A Republican State Convention is - ect — =| For — In an action’ to recover a balance “ree oe the Ache barat hear any MARRIED, DIVORCED RCED AND hereby called to meet in the City of! said National Committeoman, Prest- oe Der cicule tof Can ‘tou Dyclwhe owing. by the defendant, a florist, to ma t Ik like that.” REMARRIED; HARPY NOW] Bism ck, North Dakota on the 28th| dential Electors, Delegates. and Alter- bf flavors, Soaps, | FOR ight room, modern house. the plaintiff, an’ importer of bulbs, pany ; day of January, 1920, at two o'clock in} nates to be voted for at Presidential Specialties, “Food|” ax Ave © de16=1WK where it appears that the. plaintifi,| | Pea hea the afternoon oi said day, for the pur-4Primary Blection to be held in sal ete, Get our brand —- in-filling an order of the,defendant,! ‘‘No liberty for ten days, either.” Caldwell, Idaho, Jan. -26—Mr, and | pose. of. placing in nomination: State on the 16th day of March, 1920. ey Bae Write . WANTED TO RENT furnished an inferior quality of lily} “Say, whose house is this? Youare | Mrs. David McDonald have completed | A National Committceman, Dated January 8rd. 1929, inci ‘Ohio. tL Ware cotlage--fucitnied or “ es ini ree modern furnis! bulbs for which it later substituted the third scene of their marital drama a_ rooms for not my—” Five ‘Presidential Electors, light housekeeping for | ., F a different species of cold storage! “*ghun!” which speed smashed all county rec-| “Ten. Delegates and ‘‘en Alternates, - GUNDER OLSON. aerial, Remapped For reference inquire S. a bulbs, and where the defendant filed! ~ pabit was too ‘strong and Jenkins | ds. to represent the Republican Party of} Republican National Committeeman pce Bea RY aIVOne |) ae Bone. : a counterclaim based on the interior | came up standing. Then he burst out: The couple, not long married, de-| the State of North Dakota in the Na-| for the State of North Dakota Credit agents. Irelght quality of the bulbs, claiming conse-| “iy, t the” : * | cided recently to separate. A divorce i Send for worn putfit. Bird} LANDS > quential damages for the failure of| |,)0U Bet the— ares was obtained in Caldwell. Both par- STREP cd a ficate, Tubys.,; Dept. 26, Mera FORTUNES IN LEASES the flower crop, the trial resulting in Extra guard duty for that. If 1) ties immediately ‘regretted the act. STE WANTEIC Ss * $20,000 from §15.00 a judgment for the defendant for] have to speak aguin it'll be thirty days | As a consequence they hustled over Made-tocMeuure 'sults—Ham [iene arte mee JON Cou ave bought $843.26, Spot aks p> | An the brig ...._. |to Ada county, obtained a license and. Me, BEFONE.T, STOR, T WAVE A. FON, Only producing..,.abents | guid at $20,000, an wcre, “Stix: mouth eit is held: Bernice herself came into the room | were married ‘the next day by the ted mie. eer en ee iaAe Fue ter. you could have bought $15.00 leases new 1oKDS 10 SAN = THQUSANDS. OF PLANS WERE pee (ON How To STOP ME~ TMOFA Neav STUBBORN NATURE, AN’ TH’ HARDER "TW" PLAN, “TH” HARDER C WENT TOIT the Duke well 20 miles south of Ranger Spri probate judge. Wovlen Mill: pany 0, 000 an acre. at that moment. She annexed herself ; fe young/Hadley, who promptly put pis a arm around her. Jenkins wee LEADING SKI JUMPERS if’ to separate them when’ Hadley iz - WILL ENTER TOURNEY roared: ed a : “As you were!” Raat “Look hev Anenwood, N. 1), Jan. 26.—DLeading ie he mee Ski jumpers of. the world are scheduled (1) * Under Section 15 of the Uni- . form Sales. Act (Chapter 202, S.. L.! 1917) where tlie buyer relies’ upon | the seller's skill or judgment (though he be not the manufacturer or grow-| er); sthe seller knowing the purpose | for which’ the goods are intended to be used, there is an implied warranty | that_the goods shall pe of merchant- 30.8, Franklin: sen er ‘wanits| underwear skirts, dire eman County next subdivided these in tract) and you can buy. th reasonable price, Rapidly. increasin yaule.. Write for full particulars. $ Leasing “Ausociation, 424 Scaritt: Bldg. to home: dison | Mills, br “Retail $1, ONS to take part in’ a tournament to be Sample , | Kansas City, Missouri. able’ quality and fit for the intended | . The older man’s eyes blazed for an'| held here. January; 30. Among \the Sanitary Brushes, | Cramer use. Instant,, His mouth set in. 4 fine line. | entries are’ Ande Haugen, world’s 2866 Farnam, .Omaha, Nehiragia: aactt for Lis in 4 grain (2) The fact! that. the seller sub-| Then he spoke quietly but firumy, as a | cham pion inh pr class, and cee Und stuck: farin; i126 tn cultivation, 26: ute t ‘ ‘i ‘ i Auilta A NGUENTS—Our new and Complete. Atlas | alfalfa, balance ‘hay and. pastiive. rarm stitutéd certain other lily “bulbs for man who'has difficulty in keeping con- | Oliver Kaldohl, world's boy champion, Be IT et ee reese atte] Smnrovementa.:. allt fenced and, cross Both are, members. of the local ski Best terms with Premium ree Ont-| ‘fenced.’ 70 head of cattle, 7 horses and trol of himself. Nin tht De Naver. | all farm implements: to go. with place, “Sir, the war is over, althongh you | club. Se Cee Deel Daas Could’ take house; and fat ny Bisina don't seem to know it. Takesthat girl EGE” RE. ai to sell trees, shrubs, |. Gag nbandan in, on this | de BISMARCK MOTOR J} «way trom.nere and marry her. As an Don’t forget JOHNSON’S for Toso TW oLANs Onl Mow Aa STOP ME WERE ONES 4)” g foses, vines, bulbs, ‘Permanent, —Hrown| rwickshank, Golden Valley, ex-corporal, I can't seem, to: get your | Hosiery. C. {MAT ENDANGERED MY LIFE IN-TH’ UNDE! Teenthers “Nutvetion, Noebester. (Ns «| CANT ‘AT magazine Ely fuets ‘Three months’ subscription,’ Free. for a home or as an investment you are thinking of buying good farm lands, simply ‘write ‘me a letter and 31 “Mail me LANDOLOGY and all. pur? ticulars FRE.” Address Wditor, Land- & GEING STRONG - -WEADED WOULDN'T. PASS number, and you know it. But as your up A DARE ~ NOW > — futher-in-law, I can tell you where to get off at. Beat it!"—Cartoons Maga- | zine. COMPANY Distributors of i SALESMAN WANTED--Salesmen to feature .our patent slip-—Grip Collar Fastener. Nationally advertised and extensive- WARK WANTED * EXPERIENCED, “housekeeper wants work in home (no washing or iron- STUDEBAKER ' ' ing) or will care for’ children. Will ly endorsed by the using public.| ‘ology, ‘Skidmore Land Co., 435 Skld- : FATHER OF TON AND se Weare orcad ren wall Restricted territory, eredits on'vall| ™ore’Bldg., Marinette, Wiseonsi ie ! HALF OF oueneN Phone 796-or’510 Ave. A. \ repeat business, no competition, €x- | 77cm MOUNTAIN STOCK Poult c : us L Aare ees 1-28-1t | cellent opportunity for progressive | “hog, grain, vewetabie, ranch, mount automobiles i 4 E salésmen; preference ‘given to spe-| stream, -nea:. Forest Reserve. pect pug Bes ink “Ed Ta ee 1 Aialty men, ling on Clothiers, hab: inn pi brn ey pat kee sew Teves he is: entitled ta state distine- JANUARY erdashers, dry;goods stores. depart-| {ivited, | Worth $4000... Owner, Ware teves peas Bible ment stores, drug and jewelry trade,} ner, \Vashoe, Carbon Co., Mont. tion, and perhaps to broader ree 3 f ooo “one of the ane CLEARANCE SPECIALS Liberal commission; samples. ‘will 1-24-1t } tion, as the father of DR. W. H. PEWE. D. C. Taste famil We offer for a limited time only dur- re z 3 be furnished. Salesmen will’ be AUK Sale The impbuveu ‘vencniout arm @octor of Chiropractic Rawstern 14 children, all living. ing January, ‘Genuine Hudson ‘main vou HRD To 00" Yo VTOP MI r under direction of New. York“Zone) ° Vien" county. | Well. improved’ with Lacan Block ‘Their’ ages tire 'from-17: to 40° years Seal Stoles, two yards long, 12 S| A Manager. isenstadt Manutactur-| hulidings, fencing and about 375 a Mt of te tome and tnngiters ar || Jehes. ide, handsomely ined. | | ga 1 @> 0 “OTTO AUTO, PLEASE STOP ‘AnD |. fii Saran Be Lent es Baie re Set a 3. ENGE, D.C. ra. U | 200 pounders’‘and their total weight. aes ‘ads ae 56 oy o WOULD HAVE STOPPED PPED JES’ Said | WAD bone aan oe 117 x Chiropractor j according is fhe. proud fathetss ia match at vov.esesesss ++, .313.50 See eee eutee Foes { of “Yankee Automatic, Doughnut’ Iit- State caahngh i | 2.885 Ss. “Wi ym} 1s TYE! 4 in your ci 39.50, ou = Consultation eres aie {atest i le PN ama Elegant Skunk Searfs, genuine, lat- cer TANK OUT Ee Gee erles fae. lie detnongeentln sek Bush, Minne: Suite 9.11—lucas Black—Phone : git style, extra large animal,-|/ pee hit fit whieh earns $14 and up a day. No NOE = WS CET AIS: 8). 898 06 i experience nec full instructions MIS ZOUS Pipers: | Suva, Fiji Islands, Dee. 28. Five Blegant Siink § Mutt” ‘to match, k ‘onthe vie nelle OR SALE—Canary birds. First class . 26.— ‘ Ata = 9 3 B I S M A R Cc K Germans who formerly lived here P i St. Andreasburg rollers. (,90:b0:4: Harts . 5 0 FURNITURE CO. or day bot were | tev calony the oth- senate | mins Tauekee Sy {a full, sone. #860." Mexloan if \ ka As ee Ne 1 fe low hea parro! Is, & 10. 00, et n who threw their baggage into tee safe arrival anywhere, W 220 Main St. Gie"harbor The government, has || WHOLESALE FURRIERS. // dia after nin ena re Parkitare Upholstery Rebates: | promised the Returned Soldiers’ asso- || 398 Sixth Ave, New York, NV. %. | Gikeago. tl n Meyer, 3528 Flournoy St fe Retalabed eee | ciation that the Germans will be -in- Gayghicn ‘ FOR SALE GHEAP—Long sheep lined , SCO = = khaki wool coat, leather lined q 2, ' sleeves, fur collar and cuffs. Good FRECKLES AND HIS FRIENDS , He Had Seen It Before! s : BY BLOSSER condition. ‘Large size, Inquire Roy i Robinson, care French & ,Wel Hardware Co. 1-2: ADCDEFGHE ALL RIGHT~ WHATS: J TWoucuT You aNY INFORICTOR “fongerning John SULMNOP -— TWAT? VEAU< WHATS KNEW TH! ALDHARET- and ice a Maite ot Mima, G'WAN OUTA HERE, TUT, Smarty? Hohshas-— DONT | spataes ath WAIN 16 08 LE TN Eo Waow WAkT THAT A a eat ide ae TH atpnager! ) | TWA ALDHABET:. 18, DONA? heated rooms.” Sou oti eee 12-29-1m0, *REB_ WISCONSIN BULLETINS—Soll, climate, crops, Immigration Bureau, SHUR SE. WdoweD THAT Wisconkin Dept, of Agriculture, Capital ’ 41. Madison, Wis 41-24-40 2 LONG AGo! POR > is. Fantails, Tumblers igeon and Burminghain Rollers; good birds, Weiter for prices. Ed. Kamp. tras ui ELS ) 7-1Lw! aRMETTCHING. Picoting and pleat- ing, 400 Fourth street. Mrs. C. P. mo | Largen. 12. $i00O" WORTH—Soap, perfumes, etc., fee Lecessian Co., Dept. on soe 0 PRs: Fon ite RULINGEAbIe 2 loads of stove on Ave. B. EL V. Tae WE HAVE 4 limited amount of D-5 Rust resist Daron; a Marquis: Durum, Oats. Speltz. and Sead Rite on wre. for ~ Valley Seed Co., | Be ‘ ee % y . ’ rere Bismarck,