The Bismarck Tribune Newspaper, November 17, 1923, Page 3

Neg vo May, $1.14. * $8.52. WHEAT SLUMPS AT OPENING Indications of Renewed Spreading Between Chi- cago-and Winnipeg Chicago, Nov. 17.-Wheat | averag- 24 a little tower today in the early dealings with sellers in.a majority and with most of the buying con- Ained to shorts, The fact, however, that at least for the time being a split between France and England had been averted was a steadying in- fluence. On the other hand there were indications of renewed spread- ing between Winnipeg and Chicago | with the ‘buying at Winnipeg. The opening which varied from unchang- ed to 3-8 cents lower with Dec. $1.01 1-2 to $1.01 8-4 and May $1.07 1-8 to) $1.07 1-4, was followed by a slight rally and then by a moderate gener- al downturn. A subsequently week-end adjust- ments of trade helped make prices alittle firmer. Close steady, at same as yesterda; shade decline, with Dec. $1,01 3-4 to $1.01 3-4 to 7-8 and May $1.07 1-4 to $1.07 3-8, MINNEAPOLIS FLOUR _ Minneapolis, Nov. 17—Flour um changed. Shipments 55,288 barrels, Bran $27.00 to $27.50. MINNEAPOLIS GRAIN Minneapolis, Nov. 17—Wheat 1& ceipts 556 cars compared with 277 a year ugo. Cash No. 1 northern, $1.07 1-4 to $1.12 1-4; No. 1 dark northern spring choice to fancy, $1.15 1-4 to $1.19 1-4; good to choice $1.12 1-4 to $1.14 1-4; ordinary to good $1.10 1-4 to $1.12 1-4; December $1.08 1-4; Corn No. 3 yellow, 79 to 80 cents; oats No, 3 white, 38 1-8 to 38 5-8 cents; barley 45 to 59 cents; rye No. 2, 58.5-8 to 64 5-8; flax No. 1, $2.89 1-4 to $2.43 1-4, CHICAGO LIVESTOCK Chicago, Nov. 17.—Cattle receipts 1,900. handweight steers, yearlings and western grass steers 26 to 35 cents higher. ‘ Sheep receipts 3,000. Fat lambs, yearlings and culls, natives about steady. Fat sheep around 26 cents higher. Hog receipts 8,000. to 10 cents higher. Active, strong ST. PAUL LIVESTOCK, Se. St. Paul, Nov. 17.—Cattle re- ceipts, 2,000. Compared with weet ago canners and cutters steady to 25-cents higher, Bologna bulls \eak to 25- cents lower. / Other -killing classes ard stockers and feeders | mostly steady to strong. Bulk prices at the close. Common and medium | beef steers, $5 to $6.50. Butcher / cows and heifers, $3 to $4.50. Can- ners and eutters, $2 to-$2.75.__Bolog- ta bulls, $3 to $8.25. Stockers and feeders range, $2.75 to$2. Bulk, .$5.50 and down. Calves receipts, 2,000. Practical packer top on best light veal calves today, $7.75, or steady to 25 cents lower than a week ago. Hog receipts, 1,600. Steady, bulk desirable 140 to around 250-pound averages, $6.25.. Packing sows most- ly, $5.75. Pigs steady. Sheep receipts, 1,100. ady, com- pared with week ago fat lambs 25 cents higner. Ewes strong to 25 cents higher. ) Closing bulk prices desirable native lambs, $12.25. Culls,; Ewes, $4 to $5.75, BISMARCK GRAIN (Furnished by Russell@Miller Co.) Bismarck, Nov. 17, 1 northern spring 1 amber durum . 1 mixed durum. . 1 ted durum Speltz, cwt. ... New shelled cord No. 3 wellow 56 lbs. or more. , 4,55 Ib. test. Bi "Discount _ 4g per ee “under Mixed 4c, White fo, under yellow. | WEATHER REPORT For twénty-four hours ending at noon today. Temperature at 7 0. m. 40. Temperature at noon 58. Highegt’ yesterday 52. Lowest ‘yesterday 32. Lowest: last night 38, Precipitatidn 0. Highest) wind velocity 14, WEATHER FORECAST / For Bismarck and vicinity: Fair, tonight and Sunday. Somewhat) ° colder, ‘For North Dakota: Fair tonight and Sunday. Somewhat colder Sunday ee and central Portions to- night. An area of high aay it finish to a} Compared to week ago fed} SATURDAY, NOVEMBER 17, 1928 from the gallows. ‘band. stay was granted Peter. HUNDREDS OF DUCKS DYING Esmond, N. D., Nov. 17.—Hungreds of ducks and geese die ‘annually at Cranberry lake, four miles north of here. The water in“Granberry lake is strongly impregnated with sodium sulphate. When the heavy. frosts come in, the sodium sulphate (salt) comes to the top and crysfalizes, At this time of the year, this be- comes+a great haven for the: wild game as the birds are fond of salt. However, the salt clings to their feathers, and hundreds are made helpless and soon di Reports reaching here indicate that wagonloads of helpless birds have been picked up by the farmers residing near Crapberry lake this fall. PANSIES BLOOM IN NO. DAKOTA Flowers still bloom in North Da- kota, on the 17th of ‘November. Three little pansies, in full bloom, are left in a flower bed at the home lof Miss Jessie Ramp, 517 Sixth St. Under the influence of the warm No- vemper sun they have remained bright and fresh for many days, PAINFUL ACCIDENT Wilton, Nov. 17.—DeWitt Flinn is | suffering with a bruised jaw, several ‘teeth being knocked out and others \fosened as the result of a fall into u sump at the bottom of the shate of The Washburn Lignite Coal Com- pany’s mine last Thursday. without a light, he stepped into the {deep hole which is twelve by twelve and had about three feet of water in it. He struck one of the wooden ‘braces on the point 6f his chin and fell into the water being rescued by one of his fellow workmen at the foot of the shaft. TURKEY SHOW Is PLANNED Grand Forks, N, D:, Nov.-17.— Plans for a turkey show to be held in Grand Forks ‘during the coming winter are being made. by E. R. Montgomery, secretary of the Grand Forks Fair associativ Frits Kreisler’s ‘+4 de Aen stores 6 ot the tne iecompinied St at Bes iano | ae = tinientsin¢ every degree ah ‘the pen iueaee od sy two emi- of ,which are Victor lerbert "A Kiss in the Darl ?? and igre Me Apelen wang by Amelita great’ mistress of hear| for those who draw comfort from | | of his this week, ‘‘¥ou Can’t Make.a tered over the Rocky Mountain re- | gion and generally fair weather pre- vails'in ell-seetions today. ‘The tem- an perature is above the normal. over, the greatef part of the country, read ings .being especially high. for the » season over ‘the northern Pilsins States. Temperatures wi degrees this-.morning over western above 40 be North Dak and in th xt 4 yr ota, in the extreme vords South and extreme West. Oris W. Roberts, Mstente ent: Famous Wilton i seco tiene He’s in Cook county jail, Chicago, awaiting ex2cu- |st0n, along with his wife, for the murder of Mrs. Crudelle’s first hus- The brothers read of his plight in Italian mewspapers and im-j mediately got in touch with Ambassador Child in Rome. the gates at Bilis Island were thrown open_to them. Being. ‘$4.75 per ton. Order now Two ’Cello Solos by Hugo Kreisler—Galli-Curci Interprets Victor Herbert their ‘brother, Peter, Through, him Meanwhile, able date for the opening of the show in Feb, 12. RENOUNCED ALL CROWN RIGHT) ek | German Charge d’ Affaires) Says Crown Prince Gave Up Any Claim — ~Raris, Nov. 1%.—(By the A, P.)—| While the ambassadors council was in conference yesterday the German | charge d’ affaires, Dr. Von Hoesch | called at the foreign office by order of his government to inform M. de LaRocea, director of the political af- fairs, exactly what had been done with regard to the former German | Crown Prince Frederick William. | Dr. Von Hoesch declared William had repeatedly applied’ for permis- sion to return to Germany and in October the cabinet, which then in- cluded the royalists, saw no reason to refuse his request in view of the| fact that the former Crown Prince | had renounced all rights to the crown. ARLY SETTLER DIES Pembina, N. D., Nov. 17——Mra. John H. Hughes, 86, who settled with her husband in Pembina county inj j 1874 died at her farm home near! here. When the couple settled in this county, Pembina was their nearest trading point, and they made their trips to town by ox team. From | the woods. and prairies along the| Pembina river they built a: fine| home. Mrs. Hughes was active in| church work and js recalled by early! settlers as doing much for the ad-j vancement of the-community. Eight chidren survive. She also leaves 43 grandchildren and 23 great grand-| children. ig Beulah Lignite Coal is Best | Meshier Transfer Co. Phone { ‘Louisiana Lou’? by ae tet. They are in on harmonted] Southern style, sung with this organi. sation’s usual smoothness and har vd gage sense. “It seems like an ‘‘all-America’! | week on the records, with ‘‘I’m Sit. | ting Pretty in a Pretty Little City, ‘by Albert Campbell and Henry Bun pus a ae one, back- -torback ith ‘ artet an os Blacksheep.’’ fone, the name | of the city. you. ae T granted, unti) SN Caged that it’s-in Georgia. ae exponent of common: | sae lite: enry Burr stands out, and *¢ Alabamy such’ music there is another record - e,?? |Fall Initiation Brings Big! = = i % jtions in the state on which investi- All the way from distant Italy Michele Crudelle, left, and Vinvenzo ; Crudelle, right, have come in an effort to save Peer THE BISMARCK TRIBUNE BLKS GIVE AID- TO CHARITABLE WORK IN CITY Crowd Out to Hall—Six. | Are Taken In. Bismarck lodge No. 1199, Elks,. in a business meeting last night. which eceded initiation ceremonies, con- tributed more than $100. for chari- table purposes outside of the regu- lnr work of the lodge in this direc- | tion. Sixty dollars was voted by the | lodge toward meeting a deficit in- | curred by thé Children’s Gode Com- mission in investigating child con gation legislation was based. which | created the child welfare depagtment | of the state board of administration. A collection of $50 also was taker up to be turned over to itiss Cashel child welfare worker, to be used in! purdhasing clothes and other neces: saries for poor children as she see fit. The initiation ceremony first of the fall season, brought out a large at- tendance.. Those initiated were John W. Ackerman, Ashley; County Commissioner Axel Soder, Wing; John Bozak, Harry Paul, E. A. Pettis | and L, W. Johnson all of Bismarck. Luncheon was served. Supreme Court FROM BURLEIGH COUNTY Ole Warne, | > &. Plaintiff-Respondént. | vs. M. B. Finseth, i Defendant-Appellant. | SYLLABUS: | 1, Ordinarily, one who"buys pro- perty has a right implicitly to rely upon representations of the seller; and, if they were false and made|{ with intent to deceive the purchaser, the seller will not be allowed to urge that the buyer, by investigation, could have discovered their falsity. Fargo Gas & Coke Co, v. Fargo Gas & Electric Co., 4 N. D, 219, 59 N. W. 1066, followed. N 2. Cert: contentions advanced by the defendant to the effect that plaintiff has waived his right .of ac- tion for fraud and deceit considered, and for reasons stated in the opinion held not well founded. 3. A party who has been induced to purchase property by means of certain false and fradulent repregen- tations by the seller, on discovery of the fraud, has the option of rescind- ing or affirming the transaction. 4. In se of affirmande, he re- tains what he has received, and is entitled to be compensated for the |damages he has sustained by the false representations. J 5. Where the defrauded party @f- firms the transaction and brings an action to recover damages for the deception practicea apon him in in- ducing him to purchase the property; the measure of his damages, in the absence of a claim for special or ex- emplary damages, is the difference in value between what was received and what would have been received had the representations been true. 6. Where a certain theory as to the measure of damages wor they amount of recovery is accepted or acted upon by the parties in the trial court as the proper one, it must be adhered to in the appellate court, whether it is correcf or not. Appeal from the District Court of. Burleigh Courty, Coffey, J. De- fendant appeals from a judgment and from an ‘order denying his motion for judgment notwithstanding the verdict or for a new trial, AFFIRMED. Opinion of the Court by Christian. gon, J. F. H, Register, (Zuger & Tillotson,! on oral argument), all of: Bismarek, N. D. Attorneys ‘for Appellant. W. L. Smith, Bismarck, N, D., At- torney for Respondent, FROM CASS COUNTY Wm. H. White & McCulloch Lumber Co., a corporation, Plaintiff -and Respondent. } vs. John Weichers,’.@t al, individ- ually, and as co-partners, do- ing business underthe name * 30 ye: doias sood Colds, « © Catarrhy, uphs, a efit Drive ‘them yourselt. Day and Night Taxi Service: 114 Fourth Street jord was sufficient to | partnership jlumber sold, and style, John Farming Company, Defendants and Appellants. SYLLABUS: In an action to recover from a vsrtncsship upon an account for er sold, where the issue is pre- sented whether the lumber was sold upon the credit of the partnership or Upon an individual account and responsibility, and where the evi- dence of a stranger to the procefd- ings, a retail merchant, was received to the effect that he had extended credit to the partnetship but had charged upon his ‘books some goods sold to .an individual account and that he never had any knowledge of any change in the partnership rela- Weichers }tion, it is held, for reasons stated in the opi () on, — That the evidence in the ree- support the verdict of the jury in favor of a partnership liability; (2) , That the evidence of the re: tail merchant was inadmissible and irrelevant and its admission consti- tuted prejudicial error. In District Court; Cass _ County, Cole, J. Action to recover against a upon an atcount for From a judgment in plaintiff's favor and from an order denying judgment non obstante or, n the alterdative, for a new trial, defendants have appealed. REVERSED AND NEW GRANTED. Opinion of the Court by Bron: Chive Divet, Holt, Frame & Thorpe, Fargo, N. D., for Defendants. Simmons, Walker & Wratten, cine, Wis..of Couns Chas. A. & Chas. Plaintiff. Ra- el M. Pollock, for THANKSGIVING TABLE SILVER Are you prepared for that Thanksgiving din- ner? Inspect your carv- ing set and silverware then come in and let us show you our new offer- ings. Present your wife with a gift. for’ her Thanksgiving dinner table. We will gladly show you our stock and cordially invite you to our store. F. A. KNOWLES Jeweler — Bismarck Established 1907 The house of lucky wedding rings. TONG CASE TS UNDECIDED Workmen’s paint ion Commission Decides it Nov. 24 The Workmen's Compensation Bur- eau has taken urger consideration until, November 24 the protest against the original award of approx- imately $2,900 made to B. H. Tong, former county superintendent ‘of highways of Emmons county, fot in- juries sustained in an automobile accident. Protest was made against the award in the name of Emmons county, the county being represented by States Attorney Coventry and Al- fred Zuger of Bismarck. The county had not paid the in- surance premium when the original award was made, and under the the damages were assessed ug: the county. Tong was injured in an automobile wreck north of Linton, ! TRIAY JELTINGE ATURDAY | | { “RIN-TIN-TIN” —a police dog pup- py captured in the German trenches— brought to Amer- ica — lost — reared by a wolf-pack in the Northern Wilds, PATHE NEWS CHRISTIE COMEDY MONDAY and TU “LAWFUL LARCENY,’ With Conrad Nagel, Nita Naldi, Lew Cody and Hope Hampton. MATINEE DAILY 2:30 COMPETENT CHAUFFEURS are ready at a mo- ment’s notice to drive you, speedily and safe- ly, either short or long distances. Our Auto Livery Service ig at your disposal day and night, and is depend- able in every way. Our corps of chauffeurs are trained men, polite and attentive. Charges reasonable. - ROHRER TAXI LINE Phone 57 TTA ITAG TAG IAG TIAN TAC IAG FACING Fl SCUMK BAK BAK MAK PC AC DK WK BAK BL DINK | They Will Appeal To You OUR: CERTIFICATES OF DEPOSIT For those who appreciate an aiyestment that ig safe beyond: question— That carries an interest rate that is not only reasonable but sure— That can be readily converted into cash— Our Certificates of Deposit make a strong appeal A short or long term invest- ment, issued in large or small amounts, — Bismarck Bank Bismarek, N. D. CAPITOL THEATRE. —LAST TIME TONIGHT—— Dustin Farnum in.......“THE GRAIL” Our Gang Comedy........“NO NOISE” Wednesday Here Monday - ,Tuesday - MARY ROBERTS RINEHART Specinl Children’s Matineo at 4 p. m. Tuesday, All children under 12, admissiox . 10 cents. ‘THE BOY THAT IS LOVED BY MILLIONS IN HIS GREATEST ROLE Owiny to cx‘reme lengti of fea- ture (10,000 {.) yerférmances will start promptly at 7:15 and 9:15 Adults i ren x0c. First . S. Opening her+ simulturizously with the big eastern cities. EY AND BEAR CREEK COAL Get your winter supply before cold Weather sets in. We have a full supply and can fill orders’ promptly. F. H. CARPENTER LUMBER CO. Phone 115 OUR Ist ANNUAL Holstein Sale Registered Pure Bred Stock THURSDAY, NOV. 22 Sale Starts at 1 p.m, In the Sales Pavilion at the FAIR GROUNDS — MANDAN. ' 84 Pure Bred Holsteins. 14 Cows, ages from 21% -to 7 years. 8 Heifers, ages from 15 months to:2 years: 12 Bulls, ages from 1 month to 1 year. - All sired by Sr. Pieterje Ormsby Bess Burke. Records furnished. All of the above cattle are from tthe herd of Sawtell & Stow rel where Sr. Pieterje Ormsby Bess Burke is the herd Sire. i a line bred Sr. Pieterje Ormsby Mercedes 41st bull. His dain has completed a record of 800-Ibs. of butter as.a Jr. 2-year old. His Grand Sire Sr. Pieterje Ormsby Mercedes 41st has a daug)- ter which holds a record of 1120-lbs. of butter and has 18 0. R. 0. daughters. His dam and sire are brother « who hold yearly production records, above 1000-Jb- butter e uf for particulars in regard to this sale. Charter Members of The Flasher Holstein. Circuit, Flasher, - Morton County, North Dakgta. ’ TERMS: Cash, unless arrangements are made with ae clerk before the sale. : N. I. Roop, Clerk. ‘ Gilbertson and Snoozy Auctioneers, | Linnie’ 3 : $4.75 Per a Dele ered. _ Bismarck