The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-06-22

u u.
1899, is the sum paid at the sale by the
purchaser, with interest, and not neces-
Sarily the full amount of the taxes, with
interest and costs. Judgment affirmed.
Board Of County Commissioners of Wash
ington county, appellants, VS. Newell H.
Clapp, Moses e. Clapp and A. E. Ma
cartney, copartners as Clapp & Macarrv
ney, respondents.
l. The county is the representative and
other municipal subdivisions for the pur-
pose of collecting delinquent personal
property taxes, and it has the implied
power to incur necessary expenses, in
Guiding attorney fees. in connection there
with.
.. The sum realized by the county as
a result of legal proceedings from delin-
quent property taxes less the amount of
proportion provided by law, to the coun-
ty, state school districts and other gov
ernmental divisions
3. Chapter 2S2, laws 1895, is the only au-
thority in this state for the employment
by the county commissioners of legal as
sstance for the county attorney.
4. The payment of such assistant coun-
sci must be made out of the county fuE6%
but delinquent personal property taxes,
collected by the aid of such cOusel, are
within the meaning of this act, county
funds until the amount Of the necessary
expenses and attorneys fees are deter
mined and deducted therefrom.
S. Under Sec. 876 c. S. 1894, an attor-
ney's claim for such legal services Paest
be filed for allowance by the county board
as a preliminary to an action against the
county, but where the attorney has col
lected money upon a judgment for de-
linQuent personal property taxes he has
an equitable lien or set-off as against the
fund so collected to the extent of the
reasonable value of his services, and in
such case. he is not required to pay the
amount of fees over to the cunty, but
may retain the same and pay over the
balance.
6. Where it is admitted by the county
that the amount so retained by the at
torney is the fair and reasonable value Of
his services. such amount cannot be re-
covered from the attorney by the county
in an action in conversion or for money
had or received. Judgment affirmed.
Lewis, J.
State of Minnesota, respondent, VS.. P. G.
Hanson, appellant.
/. Sections 7O2S and 1887 G. S. 1894, re-
lating the sale of lard substitutes con-
strued. Held, That they forbid the sale
of cottolene which is manufactured so
as to resemble lard, unless the package
containing it is labeled, Lard Substi-
tute"
2. Evidence in this case justified the
conviction of the defendant of the Of
Tense of selling cOttolene without it's be-
ing so labeled. Judgment affirmed.
Start, c. ].
L.
Newspaper Company, respondent.
l. Plaintiff and defendant engaged in
negotiations looking to the sale by
plaintiff to defendant of a secret plan
for procuring newspaper advertisements
A preliminary agreement was made and
entered into between them, by which
plaintiff submitted his plan to defendant
for examination and inspection, upon it's
agreement that, in the event of a failure
of the parties to conclude a final agree
ment, if it should make use of the same
in its business without plaintiffs consent,
it would pay therefor 40 per cent of it's
gross receipts for all advertising run in
it's paper during the first year, 20 per
cent during the second year, and 10 per
cent during the third year. Defendant
examined the plan, but concluded not to
complete the contract for it's purchase;
whereupon, and at a later date, plaintiff
Brought this action for an accounting
alleging that subsequent to the concIu-
sioE of the preliminary negotiations de-
PENDANT adopted and made use of the
plan in it's business without his consent
1t is held that the action was properly
based upon the preliminary agreement
for an accounting.
2. Whether the amount stipulated in a
contract to be paid by one of the parties
thereto in case of his failure to comply
with the terms thereof, is to be treated
as liquidated damages. or as a penalty,
| is to be determined from the language
| of the contract, the nature of the breach
and extent of the actual damage all
| facts and circumstances under which it
was made, and the evident intention of
| the parties.
8 If the actual damages resulting from
| failure to comply with such a contract
| are definitely fixed by some rule of law.
| and may be easily determined and ascer-
| tanned by the application of appropriate
rules of evidence, and the sum stipulated
| in the contract is greatly out of proper
| ton to the actual pecuniary injury, the
sum named is to be treated as a penalty
and the injured party put to the proof
| of his actual loss. But where the dam
ages are uncertain, speculative and diff
| cult of aScertainment, and the contract
| furnishes no date, the sum named therein
| is ordinarily to be treated and held as
| liquidated dana geS.
Within these rules it Is held that the
| sum named in the contract involved IN
| this action is to be treated as liquidated
| damages, and not as a penalty.
T. Contract examined and construed
| with reference to the question of plant
! versed. Brown, j.
| Susanna Cunningham, respondent, vs.
| City of Thief River Falls and Great
Northern Railway Company, appellants.
l. Plaintiff was invited by some friends
| to accompany them from their home to
| defendant city of Thief River Falls
| The party was composed OF four persons.
| and proceeded to said city in a two
1 seated spring wagon, drawn by a team
! OF horses, driven by one Alexander, a
| member of the party. After arriving at
| said city, ard WheE crossing the track of
a+telldant railway company, as it extends