The Bismarck Tribune Newspaper, May 25, 1922, Page 6

PAGE SIX ALL IS READY FOR TRACK MEET Big Event to be Held at Ball Park at 2 O'clock Tomorrow All 'the boys and officials taking | part in the Big Grade School Athletic Meet Friday afternoon are requested ; to meet at the Court House not later! than 1:15 o'clock for roll call and! grouping. It is very important that everyone be on hand ye The competing boys are asked come in athletic attire. A photograph is to be taken of the officials and boys! Parents and friends the grandstand at the ball park two o’clock. The Knights of Columbus, it is an- nounced, will donate 20 prizes for the contests, for winners of first, second and third places, ete. and for cach member of the winning relay team. Children in the fifth, sixth, seventh and cighth grades of the public schools will be dismised for the meet. Teachers will be in charge of them at the ball park. TRACK MEET SEASON VERY CLOSE AT HAND, to ssemble in| at The season of the big track meets svon Lost | (Pet, | in the east and middle west is at|Fargo ... o 1 833 hand, Saturday, May 27, will witness Aberdeen 2 2 m4 the competition’ in the Missouri Val- | Sioux Fall 5 2 ATA) ley meet in the middle west and the | Jamestown 4 2538, 667) eastern intercollegiates at the Har-|Valley City . 3 4 A29 vard stadium. The eastern meet will | Mitchell ... 2 5 286) have the added attraction of the | Watertown 2 5 286 track teams of the University of Cal-|Wahpeton-Breck. .. 1 6 143 ifornia and Leland Stanford, the a Serres: | teams winning first and seaond in the AMERICAN ASSOCIATION. meet a year ago. Won Lost Pet The Missouri Valley will have as its | Minneapolis 12 647 special attraction the final competi- | St. Pau! 14 576 tion between Everett Bradley of Kan- | Indianapolis 14 6 sas and Brutus Hamilton of Missouri | Milwaukee 17 541 for sectional horors, The three years |Kansas City . 19 19 500 battle between the men, who with | Columbus 17 17 500 LeGendre of Georgetowh and _Os- Louisville 19 ABT] borne of Illinois have met many times | Toledo 26 7188/4 in the three years they have been in competition for the rival universities of Missouri and Kansas. In Sopho- Won Lost’ Prt mors days, Hamilton was best but |New York 14 647 Bradley has developed until he is one |gt, Louis 14 -600 of the best collegiate broad jumpers Detroit 5 17 5001 in the country and has shown a track Phijadelp! 17 ea greater than that of his Cleveland 3 ae ‘On dual meet records, Nebraska is Machington 17 A5B the favorite, and the balance of the | Chicago 21 38: Cornhusker team would secm to % maks them favorites in a meet where NATIONAL LEAGUE, four plac>s count, and the winning Won Lost Pet. number of points is certain to be Ne York 21 12 636 small. The team is especially strong Pitts oF 9 12 613 in the sprints. ittsburgh 4 “581 The Eastern Intercolloziate will be | Cincinnati 18 ta “43 a battle betweon the California teams |St-, Louis 1D ates nakean and ‘Pennsylvania, Cornell and pos: | Chicago x, § 18 “455 sibly Princeton. Yale and Harvard Brooklya e ap 19 ‘387 appear to be outclassed, and as Philadelphia i 19 1367 Princeton won an. overwhelming vic- tory over the Crimson, it would ap- pear to be th> best possibility of the so-called Pig Three. Pennsylvania has not made an exceptional showing since the relays while Cornell has competed only with weaker teams. Several of the small colleges seem to be certain to cut into the points, Lecony of Lafayette, LeGondre .of Georgetown, Shields of Penn ‘State, Thompson of Dartmouth and Wood- ri f Syracuse all seem. to be pos- sibili of taking points from the Big Eastern schools and the Californ- jans as well. ATHLRTES WILL CET MEDALS Presentation exercises will be held in the assembly of the high school at 8:50 a. m., Friday, May 26. G. H. Russ will talk to the athletes of the on “Sportsmanship. in C. Stevenson on “Athle- tics and ife;” Coach P. T. Swanish on “The Season in Retrospect,” and ‘Principal 'B, H. DeBolt wil) present letters on behalf of the high school. The following men wil be awarded letters: Football: Terrance atte, cap- tain; Jack Burke, Richard Middaugh, Edgar Scott, Edward Alfson, Hanlon Rhud, Lee Scroggins, Mark Vincent La France, Tyler Kludt, Sterling Reid, William Nuessle, Manuel Brown, Newell Hamilton, Barton Muir, John Hassel. Basketball: Edward Alfson, cap- tain; Jack Burke, Tyler: Kludt, Lee Scroggins, Bruce Doyle, Richard Mid- daugh, Manue] Brown, Terrance Ha)- Joran, Track: Charles Moses, captain; Ed- ward Alfson, Tyler Kludt, Bruce Doyle, Manuel Brown, Mark Vincent La France, Richard Middaugh. HAIL WARRANTS WILL BE AT PAR FROM JUNE 1-15 ‘North Dakota hail warrants will be at par from June 1 to June 15, accord- ng to the final announcement of John DeJong, who has represented the Min- nesota Loan and Trust company in \ Many of its negotiations here. Follow ing the close of business June 15, the| Minnesota company will end its pur- chase of hail warrants in the state, but for the first fifteen day's of the monta| all warrants presented at the First Na- tiona] bank in Bismarck will be pur- chased at their face value. The company purchased a little more than a million of the securities The accompanying picture is the first received in this country of the finish of the fightin London on May 11, between Georges Carpentier, the light heavyweight champion, and Ted (Kid) ‘Lewis, the European - welter- in the first ten days of purchase and| have collected several hundred {hou- sand more ‘of: the three and a half millions issued since the first pur- chases, o—-—_____-—_____- —_+ | BASEBALL | —-——— | DAKOTA LEAGUE, AMERICAN LEAGUE. D ents, vs. First National Bank of Cas- selion, North Dakota, a corporation, Defendant and ‘Appellant, Syllabus: Action brought to compel the spe- cific performance of a contract for the loan of money to finance the, plaintiffs in cropping certain lands; which had been mortgaged by them} and the mortgages were being fore- closed. A crop mortgage had been; GAMES YESTERDAY DAKOTA LEAGUE, Valley City 8; Fargo 6. Jamestown 10; Wahpeton-Breck. 6. Aberdeen 6; Mitchell 4. Sioux Falls 7; Watertown 6. AMERICAN ASSOCIATION. weight titleholder, who, going out of his class to meet the Frenchman, was knocked out before the end of the first round, There were complaints of a foul and: it is. said the “movies” showed the poration, et al, Defendants and.Ap- pellants. Syllabus: 1, Upon a conveyance. by quit- claim of ‘the right, title, and interest *!of a vendor in a land contract, the grantee therein secures all of the rights of the vendor including the right to enforce payment of ‘the un- paid purchase pride, 2. ‘Ina land contrat taining in- dependent covenants ‘for 'the (payment, jupon installments ‘of purchase price jand. for the payment of taxes, the vondee, upon failure to perform such independent covenants, is not'in’a:po- sition to avoid proceedings to enforce the breach of such covenants, upon the ground that the holder of ‘the contract is then unable-to convey title as required by the contract. 3. Where the assignee of ‘the ven- dee’s land contract, in.an action to quiot ‘title, asserts that proceedings in cancellation of the qontract for failure to pay installments of the pur- chase price and taxes, areinvalid be- ‘cause the assignee of the vendor can not convey title by warranty as re- uired by the contract, it is held, for i reasons stated in the opinion, that [the assignee of such vendee, at the time of the cancellation procoedings, was not required by the contract to ‘then be able so to perform. Actinn in District Court, Mercer .4gp {County, Pugh, J. ‘Defendants have appealed from a judgment in favor of the plaintiffs. Judgment. reversed, Opinion: of the Court by Bronson, J, Grace, J., Dissenting. Sullivan, Hanley & Sullivan, Man- dan, N. D., Attorneys. for Plaintiffs & ;{ Respondents. ‘Newton, Dullam & Young, Bis- marck, N. D., for Appellants. FROM CASS COUNTY © Alfred H. ‘Meyer, (Marguerite N. Meyer, et al, Plaintiffs and Respond- St. Paul 5; Kansas City 4. Minneapolis 10; Milwaukee 9. Indianapolis 5; Toled lo 0. Columbus 8; Louisville 2. AMERICAN LEAGUE. Detroit "7; Philadelphia 6. Boston 6; Cleveland 2. Washington 5; New York 3. Others not scheduled. NATIONAL LEAGUE. New York 2; Cincinnati 1. Pittsburgh li; Philadelphia 4. Boston 9; St. ‘Louis 3. Others not scheduled. scheduled. Is | SUPREME COURT | COURT { FROM BARNES COUNTY American Loan and _ Investment Company, a corporation, Plaintiff and Respondent vs. B. P. Borass, C. A. Steberg, C. D, Olson and Theodore T. Moen, Defendants .and Appellanis, and, A, G. Bjerken, Garnishee. American Loan ‘and Investment Company, a corporation, Plaintiff and: Respondent vs. B. P. Borass and C, D. Olson, Defendants and Aippellants, and.A. G. Bjerken, Garnishee. Syllabus: 1, The. following peared in a written aontract for deed: “Hither party heroto who shall fail or refuse (except for imperfect title) to comply with the provisions of -this contract on his part to be performed, shall forfeit or pay to the other party the sum of $2,000, which sum is here- by fixed and agreed upon as liquidat- ed damages to be’ sustained by either party from failure or default on ‘the part of the other.” It is held defendants being in pos- session, exercising dominion over the land described in the contract, and al- so being in default are not in posi- ticn to invoke this clause of the con- trace. 2. ‘The vendor in a oaontract may maintain.an action to recover against the vendee, the amount of-an unpaid due, and for all past due interest. Appzal from the judgment of the |District Court of Barnes County, M. J. Englert, Judge. Cpinion of the Court by Grace, C. J. Judgment Affirmed. Mr, John O. Hanchett, Valley City, D., Attorney for Respondent. Messrs. Combs & Ritchie, Valley City, N. D., Attorneys for Appellants. FROM MERCER COUNTY Carl Semmler-and ‘Susanna Semm- jler, Plaintiffs and Respondents, - vs, given to secure such prospective loan ! before the planting of the cnop, and the loan contract provided that the defendants should advance the money | if the real estate mortgages were not “|foreclosed, The defendant, stipulated, however, that judgment..might be en- tered’ against it jinthe event! the court should: determine: that the pur- chaser at’ the foreclosure sale would not be entitled tio any of the crop raised during the year for redsmp-; tion, The real estate mortgages are not in evidence and neither the mort- gages nor fhe holder of the sheriff's certificate ‘are made parties defend: ; ant. It is held 1. Wheres: by stipulation, rty, has agreed that 4 yadgment ge° against him bn itn the évent tain third ‘parties are determined tole ——-_———*l have no interest in property which | will stand as security for the act the defendant would be required by the; judgment to perform, the presence of | such third party or parties is neces- sary in the determination of their: in- terest, if any, and it cannot be de- cided in their absence. 2. As proof in the instant case does not negative an outstanding in- terest in the crop, the judgment is not supported by the evidence. Reversed and dismissed. ‘Opinion of the Court by Birdzell, C, language ap-'|J. J., specially concurring. Grice, L. aefeniant and appellant. ‘Wn. Langer, Bismarck, attorney for Plaintiffs and respondents, FROM TRAILL COUNTY John Lofthouse, Plaintiff-Respond- ent, vs. Galesburg State Bank, a cor- poration, Defendant- Appellant. Syllabus: 1. No error can be predicated on the denial of a motion for a directed verdict made at the close of plain- tiff's case, unless such motion is re- newed at the close of all the evi- dence. 2. Errors assigned upon instruc: tions, given and refused, and upon rulings on the admission of evidence, are considered found to be non:pre- judicial. From a judgment of ‘the District Court of Traill County, Cole, J., de- fendant appeals, Affirmed. Opinion of the court: by Christianson J. Robinson, J., concurs’ in’ the: re- sult. Bronson, J., specially concurs. Grace, J., dissents in part and con- curs in part, * I. A: Acker, of Hillsboro,‘N, D., for appellant. jafter the trial court: erroneously de- uchols, Fargo, attorney for }trial court the defendants: have ap- THURSDAY, MAY 25, 1922 You Will Save from $10 to $15 ; On our fine Suits at $25. $30. $35. $40. $45 Our absolute guarantee. EXCLUSIVE DISTRIBUTORS of Hart Schaffner & Marx clothes, Manhattan high grade shirts. Knox, Mallory, Gordon Hals. Vassar and Manhattan Underwear. Merchant Tailoring We make Suits for $50 up. We recommend this service to referee to be holding, Lewis’ arm with one’ hand, and‘ with the‘other pushing Carpentier out of. a: clinch, when the final blow was. struck. The referee's decision, howéver, was unqualifiedly in Georges’ favo. Spalding & Shure, of Fargo N. for respondent. ©. FROM STUTSMAN COUNTY John B,. Fried, ‘plaintiff and Re- spondent, vs. Mary ‘Lonski, ‘Defendant and Appellant. : Syllabus: 1. Section 5963 €. L. 1913 which provides that. “no ‘agreement for: the sale of real property, or*of an in- terest therein», is ‘valid unless the same, or some note. or memorandum thereof, is in writing.and subscribed by the party to be charged, or his agent thereunto authorized: in -writ- ing; but this does not abridge the power of any court to compel the specific. performance of any agree- ment for the sale of real pnoperty in case of part -performance -thereof,” affects the validity.of a contract, fall-, ing within the statute, and renders such cofitract, “wholly invalid; ‘and specific performance ‘thereof may” not’ be compelled -unless there has been sufficient part “performance to take the contract out ofthe Provisions of the statute. ine 1 2. Where a a. complaint alleges gen- erally ‘a contract ‘for the sale of real property, without: stating .whether it was in writing ‘or not, the ahove quoted statute of ‘frauds is, available as a defense under a general de- nial. y From a Judgment of the eit Court of Stutsman county, Coffey, J., defendant appeals, Reversed. ©. .'° 1! f Opinion of the Céurt by *Christian- son, J. Grace, J., specially congirring, Geo. W. Thorp & HarryB, Rittgers, of Jamestown, 'N. D,' for appellant. C, S. Buck, of Jamestown, ND, for respondent. ’FROM ‘RAMSEY COUNTY ‘H, 1H. Leach; plaintif¢ and ‘Respond- ent, vs. A. L. Nelson and Leila ‘Nel- son, ' Defendants and Appellants. Syllabus: 1. Amendments to pleadings that serve to present, upan the merits, the real determinative issues, should be Miberally allowed in the interests of. justice and the expedition and term- ination of litigation. 2, ‘Where, during the course of a trial, amendments to’ an answer have been tendered and in part, have been allowed by the trial court for the pur- poses of receiving evidence, and there- termines that the proposed’ amend- ment allowed constitutes mo defense, a new trial will be ordered. 3. Where a mortgagee, knowing that the mortgaged. -premises are about to be ‘transferred to a pur- chaser who has. assumed and agreed to pay the mortgage debt. agrees that} he will kook, wholly to.the mortgage lien for payment. It is:held: (a)) That the mortgagors become’ sureties for the Payment ‘of: the mort-, eago debt. (b) That it is the duty. of,the morte gagee to preserve and ‘protect ‘the! mortgage lien. -(c) That the failure of the mort- gagee {o preserve and protect. the mortgage Nen was a defense to the li- ability of the mortgagors upon their poe which evidences the mortgage ebt. (d) That Sec. 7007 C, 1.1918 (Ser. 121 Neg. Inst. Law) requiring a re- jnunciation to. be in writing-to exempt frersonal liability doesnot apply. (e)' That the consequent ‘duty. im- posed upon the: mortgage, through his agreement; “arises equitable consideration and is not? within the statute of frauds. Fi Action in (District ‘Coutt,” Ramsey: county, Burr, J. From ‘a judgment ‘ordered by the pealed. Reversed and a new telal's granted. Opinion of the Court-by Bronson, J. Birdzell and, Christianson, JJ. ‘con- curring: in part. and. dissenting »in Dart, A. E. Wheeler, Dévits' Lake, N. D.,’ Midaaugh, Cuthbert & ‘Smythe 305 Sellwood ‘Bldg, ‘Duluth, .Minn., attor- neys for Plaintiff and Respondent. Flynn Traynor & Traynor, Devils Lake, N. D.; attorneys for Appellants and ‘Defendants, FROM GRANT COUNTY Johann Wuest. andi mil Wuest, Plaintiffs and Respondents’ vs. G. E. Richmond and John Ryan; Defendants and Appellants, Sylabus: In an action for-damages alloged to, have been sustained by reason of the: te-nefor hv tho defendants of a note obtained from plaintiffs by fraud and | false: representations, upon which the} transferee had. recovered a judement } against ‘the plaintiffs, it is held: Tho cause of action is not de- pendent ‘upon the. finality of the jude- ment-against the plaintiffs tor upon its payment by them.. | 2, ‘Where plaintiffs have ‘nc snot actu- ally sistained damaj of paying a judge fendants’ na hg ‘act, but. where upon the verdict should not be abso- lute but contingent upon the plain- recovered against them. Grant County, F. T. Lembke, J. dan attorneys for defendants and ap- pellants. for plaintiffs and respondents. tiff-Appellant vs. F, J. Johnson, coun- tv Auditor of Burleigh County North Dakota, et .al, Defendants and ‘Res- nondents. you very highly. Made to measure Suits from Copyright 1922 Hart Schaffner & Marx! $35. $40. $45. SE. Bergeson & Son Open Saturday evenings. Store closed after 6 | P. m. ceca ce ae coach driver on the Oregon-California stage line in 1869 but has deen in South America for 28 years, Mr. Junker said he had purchased cattle in New York and Minnesota and is going to Spokane, Wash., from here. Enthusiastic over the development of Argentina, Mr. Junker declares that Most of the meat now eaten on the eastern seaboard of the United States comes from Argentina, because the great ranges have disappeared from the United States. @ Dance every Tuesday, Thurs day and Saturday ‘evenings at SOUTH AMERICA _|8:30 at The Coliseum. 10 Cents CATTLE BUYER __ | Per dance. VISITS CITY | ——— TYPEWRITERS : All makes 7 wold ial rene for a primary election the mandatory duty’ is not imposed -upon the county’ auditor to secure competitive bids, pursuant to’ Chapter 49 “laws of 1921. * Action ‘in District Court, Burleigh County,’ Nuessle, ‘J. Plaintiff has appealed from. an or- der‘sustaining a demurrer to the com- plaint. » Affirmed. ©pinon of the Court by Bronson, J. Birdzell, Ch. J., not participating. BP. T, Burke, Bismarck N. Dak, at- torney for plaintiff. F, E. McCurdy Bismarck, N. D., at- torney for defendant. ep to the: extent ty Droviously . obs tained against th a account of dex the:amount of such judgment furnish- es a basis for the damages included in the verdict, the judgment rendered tiffs’ paying the judgment previously Appeal from the District Court of Judgment amended and affirmed. Opinion of the court by Birdzell, J. Grace, J., specially concurring. Sullivan, Hanley & Sullivan, Man- Jacobson & Murray, ‘Mott attorneys * eROM BURLEIGH COUNTY Rismarck Tribune Commany, Plain- ‘W. R. Junker, of Buenos Aires, Ar- gentina, South America, who is mak- ing a trip to the United States to pur- chase blooded stock for a big ranch in South America of which he is super- intendent, is visiting in Bismarck for a few days. Mr. Junker was a stage- SyNabus: In the printing of election supplies and ‘heivy in the center where the wear ‘comés, tapered at the edges to make steering: easy and to protect the carcass against. destructive -hinging action of high tread edges. The'carcass is air bag expanded to insure uniform tension and paralleling of every :individual cord. | It is double “gum dipped” to make sure that each cord is thoroughly insulated with ‘rubber. This is the reason why Firestone Cords unfailingly deliver extraordinary mileage. It-explains the unanimous de- mand of thoughtful the condition of a-Firestorie poenis Cord ‘ire after 20,904 miles on’a Yellow Cab in‘ Chicago.” The section at the right was cut from ‘tieW Cord of the same’ size. Careful jasuréments show that only 1/8 of the tread of the tire on the Yellow Cab has (been. worn away after this long, gruelling ‘test. The ‘carcass is intact after more than 11,000,000 revolutions. : Firestone Cords have averaged over 10,000 miles on Chicago Yellow Cabs (1,200 cabs all Fire- # stone equipped). In tire buyers for these oog? , thousands of in- qaiues The local OLDFIELD* 3: stances, they have Firestone dealer. will 30 x 344 FABRIC O65 hea sai 16,000 to continue to provide 99 9 ti —_ miles. the personal service . Ponte Losi at the tread— that makes Firestone Pos Tex J 30 x3 size $8.95 scientifically. angled tire comfort and econ- - | 30 x 3 size $7.99 1 "ei against skid, massive omy complete. Ney Pris Flos Tux Copelin Motor.Co., Bismarck, N. D. Wilton Motor. Sales Co., Wilton, N. D. New Salem:Merc. 'Co., ‘New Salem, N. D, Res Western Auto Co., Mandan, N. D.