The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-17
IN THE DISTRICT COURT
Several More Appeal Cases Be-
fore Judge Lindsay.
THE INDEPENDENTS SUIT
An Attempt to Collect on an Advertis-
ing Contract-The Value of a Car
load of Hard Coal-A Yer
dict Against Lynch.

Several more appeal cases We're tried
before Judge Lindsay yesterday.
among the number being suit on an
advertising contract of the Helena In
dependent against Robert koenne of
Butte for 800. The case was tried be-
fore the court sitting without a jury.
Koenne had a contract with the Hell
ena paper to run an advertisement for
his fur business, to continue four
months, beginning on the ist of Sep
TENDER, 1886, the contract calling TOR
2l2 inches, single column, during the
SIX weekdays, and inches. double
column, on sundays. According to tes-
timony at the trial yesterday the add
yertisement was omitted from the Sun
day issues on Sept. Is and Oct H.
When koenne discovered ii he notified
the paper that as the contract had been
violated he would not be bouad by it.
and ordered them to discontinue his
advertisement altogether. He offered
TO pay for what he had up to that date,
provided the paper deducted the value
of the omissions. which he placed at
81 each. The paper continued the ad-
yertisement, however, and at the con-
clusion of the contract period ran the
advertisement two extra Sundays to
make up for the omissions, and sent
bill for the whole amount.
Koenne testified that the Sunday ad-
yertiSements were the most valuable
to him, and that the others did not
amount to anything. He also claimed
that the sale of his goods was limited
to the fall and early winter months,
and was practically over by Christmas,
so that the extra advertising given him
was of no value to him He had the
privilege of changing his advertise
ment every week, but if no change was
sent the old advertisement was TO con-
tinue.
w. L. Cornell. advertising manager
of the Independent, testified that
koenne was to furnish copy, but failed
10 do so in the case for the reason the
first Sunday was omitted. The second
omissions was due to the fact that
new foreman had misplaced the "ad.'
Council said there was no difference in
the relative value of week DAYS and
Sunday advertising in the independent.
and that $3.50 was reasonable value
of the Sunday 'ad' which was omit
ted. Judge Lindsay heard the testi-
mony and then took the matter under
Amusement. c. r. Connolly represent
ed the Helena paper and Judge De
Wolfe appeared for Mr.. Koenne
The value Of a carload of hard coal
was involved in n case tried before a
jury in which the Pioneer Fuel com
pany of Duluth was plaintiff and j. e.
Dawson and ]. II. Lynch were defend
ants. The amount sued for was
s105.S4 In the fall of 1896 Mr. Lynch
gave Major Dawson an order for seven
tons of coal, which the Duluth company
agreed to lay down in Butte at 1880
a ton. To make IN car Il. L. Calk-
ms and j. " Long each agreed to take
five tons each. The car was shipped
to Mr.. Lynch. and the coal was dis
fributed to the different purchasers, but
IL turned out to be no good and they
SD r
sued Dawson and Lynch for the whole
amount. Mr.. Dawson claimed that he
only acted as agent for Mr.. Lynch and
Tor his accommodation. and Lynch
claimed he did business with Mr.
Dawson and not with the coal COM
pany. He tried the coal and Ii was no
good. The first night he tried it in his
heater it swelled UP and burst his stove
and he notified Mr.. Dawson to take II
away or he would throw II into the al
ley. The coal was removed.
Long and cailxins testified that they
had similar experience and said it
was not the kind of coal they had or
dered Mr.. Long said the stuff also
burst his stove Both Long and calk-
ins said they had been solicited to take
II by Mr.. Dawson. Dispositions from
officers of the coal company indicated
that Mr.. Dawson acted only as agent
for the purchasers. Judge Lindsay
C15NGtiAfQ q itl1LtaH lot II llOH-SuiI as 10
him.
There WAS other testimony that the
transfer company afterWard sold the
discarded coal for storage and other
charges and several Of the second pnr-
chasers testified that they could only
burn Il by mixing soft coal with IL. A
West Broadway dealer bought II tons
Of II al SO ton and sold 1t for 81. /
He and his yard man testified that il
was fair quality of coal The Jury
gave verdict against Mr. Lynch for |
see 20
A jury was drawn to try the case of |
c. N. Brega against ex-constable j.
T. Lewis and others, and court was
then adjourned for the day. Brega is
resident of Kansas city. Several
years ago his wife conducted a hotel
in Butte, and a Salt Lake firm sued her
and attached a piano valued at $3.50
which was sold. Brega sued the con-
stable for damages. claiming that the
piano belonged 10 him and not to his
wife. and that he owned it long before
he married her.
The cases of A. Steinhart & co. |
against X. NJ. Davidson. and Daniel |
Searles against James Brown. were
dismissed as settled, and the case of L. |
G. Malone against Frank Dyatt was /
dismissed for want of prosecution.
The Artist and His Work.
The life Of painter above all of a |