The Bismarck Tribune Newspaper, May 28, 1925, Page 6

PAGE SIX THE BISMARCK AT IT AGAIN Sports| INDIANS WIN CLOSE GAME FROM BROWNS Yanks Other American League Victors A duel 4 to 2, ina 10 i s on a trio of Detroit pitchers | Robertson blew up in th and had to be It’s not the same Babe Ruth that smacked ‘em far and wide last year At the left the Babe is shown as he looked at his fi Compare him with the stur looked a few days rst attempt to bat! y fellow on the HEM, the tire from the since his illness. same being B: “BASEBALL NATORS RU B Pe , Appellant and hioned hitting a 10 to 9 score. , 1 in the 4th with none on,! Respondent: and e 8th gave the Athletic’s two runs in the § is held that where lirected verdict has 36 nied and the moving par notwithstanding the yainst him, or for a YANKS SLUG our WN but grants (or denies) the Y staged a slugfest in the cuaing| and defeated the Bob Meusels’ 10th home | a i appeal from the order as » ruling on the motion for judgment notwithstanding » verdict reviewed in the S scoring 4 runs American Association 37} 3, distinguish- to a contract who is » to perform it and . without fault on his part, is! so by the oth- is entitled to be compensat- I the detriment proximately 000 004 OOx-—4 10 KAMP TAMES N. Y. GIANTS: Allows Only dd from doing which in the ings would be likely to) 4 oats therefrom, instant ease it is held) ordinary | +4 tectural service con Boston Rookie Eight Singles Detroit at Chicago. Boston at New Yo ted to the owner for nged until approved by Kamp, a young , let the Giants down with eight scattered hits an : made it three straight over the lea- Louis at Pittsbu received by the owner cal Rye d the architect lat- the request of the owner fur- s further service in connection N ASSOCIATION polis at Columbus, R 200 010-3 8 Seott and Gowdy; Kamp and Gib- in damages to ot calc ue (ie OUTeE) a) arbitrarily and without at Minneapolis, ROUSH HELPS REDS Cincinnati, Ma Results. Yesterday -A home run erecta asin ce 5 cus (aie Ga ention of perform- a“ contract the ee NATIONAL LEAG final score being St, Louis collected only scattered hits off Rixey. y law to permit Others not scheduled, the and Rhem and O'Farrell, Schmidt; ey and Bruggy. expenditure toward Where the error committed up- AMERICAN LEAG PIRATES TAKE SERIES 28,—Pittsburgh made a clean sweep of its 3 game series with Chicago by winning 13 The Pirates batted Blake from the mound in the Sth inning. Wright, Pittsburgh shortstop, hit a home run, with the bases loaded im the 4th inn- h, Cub outfielder, hit a home run. ly to a question which is separable] e other issues determined by! the first verdic ected solely to the question fected by the error, Appeal from the Dist Cass County, From an order denying defendant’ AMERICAN ASSOCIATION iet Court of PENN BOASTS GREAT RIFLE TEAM {Red and Plue Marksmen Hanging Up Neat Record’ in Eastern College Circles During |: Present Season : 300 000— 3 Blake, Jacobs and Harnett, COUNTY CLUB GOLF COURSE MARK BROKEN L, C. Sorlien broke the course rec-| ord at ihe Country club golf links when he went around in 34. Par for the course is 2 » Paul Cook were pla; _When Mr, Sorlien set the new record. ‘PRISON CLUB TO MEET TWO SPEEDY TEAMS The Prison baseball club will meet _ two fast foes over the weekend. 4 / Saturday afternoon the Prison. will Jamestown college | and on Sunday afternoon the _apeedy Washburn club will | with the Prison. games are scheduled to get underway at 1:30 o'clock. we shoes “perfectly A. W. Mr. Sorlien and & clash with the. In a record TRIBUNE motion for judgment notwithstanding| tiff has no title to the grain; but both parties appeal, Ds de , Holt, all of Fargo, N, Diix., , of Grand Rap- 3, Michipan, Attorneys for Plain- tiff. Conmy, Young & Burnett, Fargo, N. Dak. Attorneys for Defendant. From Richland County Lawrence Jentz, | Plaintitt and Respondent. | National wlty Company, !a corpe { Defendant and Appellant, J} 1, Under the terms. of a health ! insurance pol the insured was seeped to ¢ notice of | claim| ‘of the di ability” dnlex be shown not to 1 ve been rea- sssible.” Under the facts disclosed in the record in regard to Tithe nature of the illness and the | knowl thereof ucquired by the {defendant company, an admission of liability under the policy amounts to the company of provision regarding notice, and construction is persuasive, if evidence of substan- the cond such i not conclusive, ‘compliance with notice a 0 insured claimed indemity aph in a policy pro- viding: for a stipulated rate during the time the insured is “necessarily, |} continuously and lly confined (within the how The court in- structed the jury that the mere fact that the insured was able to walk i from his house to the doctor's office, or take a railroad train to go to a | hospital treatment, did not in itself ne ly break the contin- juity of the confinement or the con- secutiveness of the number of’ days hesangy have been confined to the for confining illve’s;. it is under the evidence, 3tgh_ instruction was not erroneous. that the di does net, .| wholly or in part from rheumatism and that the liability of the defend- se known as torticollis ant company to an insured suffering ftom torticollis is not necessarily controlled by the policy paragraph regarding chronic diseases 4, It is held, for reasons stated in the opinion, that the evidence of witness, who testified to the condition of the plaintiff as observed by. him competent. 5. e is submitted for , the question of lia- hould not be submitted ‘to the Where the jury, in response to questions, renders a complete special verdict—finding all the facts essen- tial to the rendition of a judgment— Richland County, Hon, Geo, M. Me- Kenna, Judge. AFFIRMED: Forbes, & Wahpeton, ant. Purcell, Attorney for Respondent. Lounsbury N. Dak, From Barnes County Casper F, Raasch, a Plaintiff and Appellant. vs. George 0. Goulet, Defendant and Respondent.’ | SYLLABUS: 1, Where € entered into an exe- cutory contract with L for the sale to the latter of certain real proper- in possession under his contract; where L, thereafter, while | and, mises to R. R, becomes an ignee of L within the pur Section 8119-8122, C. is incumbent upon C desires to cancel the |p | notice of cancellation upon C; an | service of notice of cancellation up re-/on L, alone, does not cancel or for- feit the rights acquired by R as as- ;Signee of L. Williams v. Corey et , fol al, 21 lowed. N. D. 509, 131 N. W. le=| conversion, must recover on the for the ain and hay. ued LEFT TO RIGHT—HAROLD GRAVES, CAPT. FRANK VALGENTI, M ‘W. DOD: . JOSEPH FRASTER. a) _Wrtatass ao! ‘One of the best rifle teams in the country is that ro resentii ca intercollegiate champions, a ing the University of Pennsylvania, eastern meet the Red and Blue outftt broke 696 shots out of possible 600. Frame & Thorp;and ‘son, ie verdict, but granting a new trial, | | | | | i such notice | held that, ie It is held, under the evidencé, a matter of law, result the verdict is not vitiated by an- swers to surplus questions whieh were not properly submitted, the answers not being inconsistent with the answers to questions properly submitted. Appeal from the District Court of Opinion of the Court by Birdzell, Forbes, Attorneys for Wahpeton, N. Dak.,! ty in North Dakota and L is placed in |such possession, and with the know- jledge of acquiescence of C, sells the as- w of L, 1913, and it n the event he contract with "| L as against R as assignee to serve! The plaintiff, in an action for the trength of his own title and ‘not on that of the weakness of that of his instant ‘case plaintiff conversion of certain For reasons stated [s the opinion it ig held that plain-|* as title to the hay. From a judgment of the District Court of Barnes County, Pugh, Spe- cial Judge, plaintiff appeals. REVERSED IN PART: Opinion of the Court by Christian- ch, J. Lemke & Weaver, of Fargo, N. D., Attorneys for appellant. Combs & Rgchie, Valley City, N. D,. attorneys for deféndant. From Watd County Ole O. Watne, as Executor of the Last Will of Ole 0. Watne, deceased, and Ole O. Watne and Johanna Watne,- Plaintiffs and Respondents. vs. Halvorson, Defendant and Appellant. SYLLABUS: 1. In an action to foreclose a land {contract, certain receipts for partial payments, signed by the vendor, are construed and held not to evidence satisfaction or full payment of prior installments of the purchase price. 2. The evidence is examined and held to support the finding of the lower court that an option provision in the contract, under which the purchaser had the right upon certain conditions to a conyeyance of the land or to the conveyance of eighty- acre tracts thereof, did not become operative. Appeal from the District Court of Ward County, Hon. W. J. Kneeshaw, Nina C. Judge. AFFIRMED: Opinion of the Court by Birdzell, J. K. E. Leighton and Halvor L. Hal- vorson, Minot, N. Dak., Attorneys for Appellant. James Johnson and McGee & Goss, Minot, N. Dak., Attorneys for Re- spondents. From McHenry County Lizzie S. Bernard, 5 Plaintiff and Respondent. vs, Lars C, Madsen, et al, Defendants. F, W. Sorsenson, et al, Defendants and Appellants. SYLLABUS: 1. By statutory definition in this stute “actual authowy is such as a prinicpal intentionally confers upoh the agent of intentionally or by want of ordinary care allows tke agent to believe himself to possess.” Sec- tion 6337, C. L. 1918. For reasons stated, it is held that the evidence shows actual authority in the alleg- ed agane to receive payment of the principal evidenced by the note ‘se- “E sid Bosc kien one nen SECOND JONES? Dick Wilson, Youthful Golfer, Looks Like Real Star DICK WILSON Down south they are calling Dick Wilson, 15-year 1 golfer of South- ern Pines, N.C. another Bobby Jones. He’s been displaying some great ability on the links of late. And, like Jon he’s a stylist, too. age sought to be cured by the mo foreclosed in this proceeding. , 2. Under A, CL. an ostens' x where the conduct of. the “supposed agent is consistent with the ‘existence of an agency, and where, in the trans- action in issue, the party with whom the supposed agent dealt was justi- fied in assuming that the agency existed. The essential features of authorit§, within the purview of thi section, are that the third party must have believed in the existence of the authority in the supposed agent, and such belief must rest up- on some act or statement of the principal sought to be bound by the 1913, siasts, whether foranewschool of music or for a cigarette, re- There’s sound apa bi gin popular taste. . plete beds for i a est . CIGARETTES THURSDAY alleged" nuthoi There must have been some conduct on the part of the principa). reasonably resulting in the belief, in the mind of the third par- ty, that an agency existed together with a reliance thereon, For rea- sons stated it is held that the evi- dcnee shows such a holding out to the defendant that the principal is estopped to deny the authority, of the alleged agent to receive payment of the debt. Appeal from the district court of McHenry County, A. G. Burr, Dis- trict Jud, Action to foreclose a mortgage from a judgment in favor of the plaintiff, defendants appeal. REVERSED: Opinion of the Court by Johnson, idmson, Ch. J. Concurring. le, Ja dissenting. Hyland & Foster, Bismarck, North Dakota, Attorneys for Plaintiff. Albert Weber, Towner, North Da- ta, Attorney for Defendants. From Mercer County Chas, A. Heinemeyer, et al, s Plaintiffs and Respondents. ys. Mercer County, North Dakota, a municipal corporation, Defendant and Appellant. SYLLABUS: ‘ Appellate courts do not sit to giv opinions on/moot questions or stract propositions. From a judgment of the District Coyrt of Mercer County, Pugh, J. defendant appeals. APPEAL DISMISSE) Per Curiam, Opinion. D d Schwartz, Golden Valley, N. Dak., Attorney for Appellant. J. N. McCarter, Stanton, N. Dak., Attorney for Respondents. SOUTH DAKOTA MINES COAL FOR ITS SCHOOLS Pierre, $. D., May 28.—All the fuel, with little exception, to be used dur- ing the coming year at charitable, educational and penal institutions of South Dakota will be from the state’s own lignite mine near Haynes, N. D. The mine, operation of which by the state began in 1919, is now on a profit-paying basis and producing in ach quantities that its manager was able to offer prices which enabled almost all the institutions to use the coal at a saving, New York city Banks héld more than $5,000,000 in deposits for which claimants cannot be found. Such sae must be deserved conveft critics into enthu- *- swift, rise, look to the cigarette itself; its tobatcos, its blending— in short, its taste. This one thing ly better taste y thousands of are changing from other clgaaetics to Chesterfield. tfield luck. r every alone — its deci explains wi | Ty Sh MAY 28, 1925 ROI ‘cA cigar you! meet Jack, sweeten the Felon with a ROLTAN PANETELAI!” TAN I beg to announce myself a candidate for member of the Board of Education at elec- rtion June 2nd. Your support will be appreciated. W. F. HARRIS. ANNOUNCEMENT I hereby announce myself a candidate for member of the Board of Education at the election to be held on June 2, CARL R, KOSITZKY. Paradichlorobenzine is a new com- said to be very dead- pound which is ly to mosquitoes. Dance at Fert ‘Lincoln Fri- day night, May 29th. UMMER COLDS are lingering and anno; The very first ‘tone Pp ikon Sorta Yearly