The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-10-01

At last that vexatious question con-
corning the ownership of the Saltair
diamond necklace has been settled.
Miss Leda Stromberg is not only de-
cided 20 be the owner, but she is the
possessor of the jewels. She has taken
them home with her, and they win no
doubt grace her neck on those occa-
sicns where she shines in evening dress.
In a lengthy and learned decision,
Justice Pardee arose TO the Importance
of the occasion yesterday morning. This
matter had become so serious and of
such public interest that the justice
thought it better to put himself upon
record. His opinion, which was type
written, deals with the question at
length.
Miss Stromherg had an intimation
that the suit would be decided in her
favor, and the gentlemen who consti-
tute the Stromberg syndicate were pre-
pared to see that she received the jew
els. She came with her attorney, Lind
say r. Rogers.
AS is understood, the question for
Justice Pardee to decide was whether
or not Miss Stromberg owned or had
an interest in the necklace, in order to
determine whether or not the judg-
ments for $46.S2 held against her could
be satisfied by its sale.
Opinion of the Court.
Speaking of the Saltair contest and
its result, the court said:
1T is apparent that the transaction
, is not a gift, a declaration of trust, a
reward or a lottery; that it is not af--
fected by the statute of frauds, but that
il is d contract of sale or a bargain
and sale of goods without conditions as
20 10 Of rA,.izo
attached to it. These parties mutually
asserted and agreed to the contract
when they purchased the tickets and
paid the money. The thing with prop
erty transferred in this case is the
necklace, and the price is the amount
of money in the aggregate paid for the
tickets. In a contract of sale of prop
erty the title rests Immediately in the
purchaser as soon as the contract is
made, or if there are any conditions,
as soon as the conditions are perform
ed. Here there were no conditions to
be performed. and the only thing to do
WAS to count the tickets after they were
all purchased and deposited, and to
make known the result. 1t is not neces-
sary in a bargain and sale of goods
that a delivery or a change of posses
sion of the property to be had to vest
the title in the vendor. AS soon as
the bargain is struck and no agree
ment is made as to delivery, the abso-
Lutte title vests in the bargainee and
the goods are held at his risk.
AS between the vendor and subse-
Quent purchasers and creditors of the
vendor a different rule prevails by rea-
son of the statute of frauds in most
states.
I'm this case, however. the donee or
the benefeiarX5of the. contract may not
have been the party purchasing the
tickets or any of them. But that
does not alter the legal status or change
the transaction from a bargain and
sale. 1t only adds another party to the
contract
Justice Pardee quotes many authori-
ties to support this opinion, and. finds
that from these premises and consid-
erations the court draws the conclu-
sion that the defendant (Leda Strom-
berg) became vested with the absolute
title in the necklace, and is the owner
thereof.
1T is. therefore, ordered that the
property be turned over to the consta-
bic and sold in the usual way, accord
ing to law"
Rogers Paid the Judgments.
But there was no sale. Mr.. Rogers
was there TO prevent it. He and At
torney Luke for the plaintiffs. figured
the Judgment, interest aud costs, $99. so.
The attorney for the defendant gave
his personal check for that amount,
which released the judgment. Then he
gave his check for $26 to free the neck
lace from attachment in the suit brought
against Miss Stromberg by Dentist z.
A. Trip in Justice McMaster's court,
and this case was dismissed.
Thereupon Justice Pardee gave the
necklace TO Miss Stromberg. She
looked at 1t in an unconcerned manner
and. placing it in the case, left with At
torney Rogers.
Mr.. Rogers stated subsequently that
Miss Stromberg paid him the amount
needed to release the judgments. and
that he had had no dealings with the
"Stromberg syndicate
To date the necklace has cost the
syndicate. provided it furnished Miss
Stromberg with the money to settle the
case yesterday. total of S1,42S.S5.
Its value, according to Attorney
Luke, who has inquired, Is about $3.50
Such being the case, it has cost the
syndicate S107S.S5 to declare its opin-
Ion that Miss Stromberg is the most
popular woman in Salt Lake. AS the
opinion is most vigorously opposed, the
Sl,0TS.S5 seems to have been thrown