The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-16

Assets, COi1pOSeu OF nOuSenOlQ effects,
valued at $17O are held to be except
from execution. Evan o. Jackson is
attorney for petitioner.
In the matter of Asa Bruce Bement
VS.. the Bloomington Mining & Milling
company, John Scheer and Mary
Scheer, his wife, and Peter F. Seheer
and Rose Scheer, his wife, Henry N.
Blake, standing master in chancery, re-
ported the sale of the defendants prop
erty in Granite county to Asa Bement
for $S,9S2.6 The property sold includes
the Bloomington, Bloomington Exten-
sion, Annie Lizzie, Nabob and Gold
Star mining claims, comprising about
115 acres; also the Pilgrim placer claim,
situated one-half mile west of Royal.
Jay p. Lee, upon motion of John
Clayberg, was admitted to practice in
the federal courts
F. L. Hoagland of Anaconda was
discharged from bankruptcy.
Judge Henry N. Blake, master in
chancery has submitted to the United
States court his findings in the case of
c. j. Mcnamara and Thomas A. Mar
low VS.. the Home Land & Cattle COM
pany and the National Bank of Com
merce. After reciting at length the
facts in the case, he made the following
conclusions of law
'First-That the plaintiffs have per-
formed, or been ready and'- willing at
all times to perform, all the terms and
conditions of said contract exhibit Al
on their part to be performed
"Second-That the defendant, the
Home Land & Cattle company, has not
performed the terms and conditions of
said contract upon its part to be per-
formed.
fsrrbi,a nh ,,o,ou,,ah .>,a,,,oa ,f,,.L
of the terms and conditions of said con-
tract is a material part thereof, and
plaintiffs relied upon the guaranty and
agreement therein contained"
On the 9th of May, 1897, in Chicago,
the parties to this suit entered into
contract in writing whereby the Home
Land & Cattle company was to deliver
to plaintiffs a large number of cattle.
During the year 1897 there were deliv
cred to the plaintiff 10000 head of cat
tie 1t is found that 1866 of the cattle
have not been delivered to the plain
tiffs under the contract. Then the fol-
lowing finding explains in reference to
this:
THAT the defendant, the Home Land
& Cattle company, upon the 21st and
22d days of October, 1897, delivered to
the plaintiffs 1888 head. consisting of
$40 steers and some stock cattle of the
value of the sum of S23,S25; that the
defendant, the Home Land az Cattle
company, was then prepared to deliver
to the plaintiffs under the said contract
457 head of stock cattle and 500 head Of
horses, but refused so to deliver the
same, or any part thereof, unless the
plaintiffs first delivered to said defend
ants draft for said sum of $23,352 in
payment for said 933 head; that plain
tiffs then refused to deliver to the said
defendants, or either of them, a draft
for said sum or any other sum, but Of
fered to pay for said cattle and horses
upon their delivery, provided that said
defendants, or either of them, would
pay to the plaintiffs the amount due
for the shortage in the number of said
steers and spayed heifers under said
contract, at the specified price of $50
per head: that the plaintiffs then pre-
scented to the defendants statement Of
the accounts between the said parties,
including said claim of shortage, and
rendered to the defendants the sum of
9,6I5 in full payment of said 1893 head
and said ATS stock cattle and said 800
horses and 113 strays, to-wit Nine
hundred and thirty-three head, at S25,
$2S,325; ASH head, at s25, $11,425; 113
strays, at $25, $2,S25; 800 head horses, at
500, SO, 600; total. S47,575; shortage,
1886 head, at $40, s37, 800"