The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-06-28
INTERESTING DAMAGE SUIT.

INTERESTING DAMAGE SUIT.
Civil Actions in District court-sen.
fences to Be Pronounced Today.
The last of the criminal actions for
this session of the district court
came to a close Tuesday night with
the case of Seth Dix. Yesterday the
court was occupied throughout the
entire day with the damage suit of
w. X. Sudduth against j. W. Newton,
and the case will not be terminated
until sometime today. But little diff
ficulty was had in securing the fol-
lowing jury for the case: w. S..
Bayerd, ". c. Hinshaw, A. J. Will.
kinson, w. G. Williams, D. A. Kamp,
A. w. Tillotson, John M. Motifs, Carl
Gutenberg, A. Mccormick, Henry
Haid, E. B. Robinson and L. B. St.
John.
In his complaint the plaintiff al
leges that on or about the 18th of
November, 1900, at Billings, the
plaintiff bought of the defendant all
of his wether sheep, which were
sound and merchantable and free
from scab or other infectious dis
ease, for the price of So per head, at
which time the plaintiff paid the de-
PENDANT the sum of 81 as part of the
purchase price. Further it was
agreed by and between the plaintiff
and defendant that the defendant
was to deliver the sheep to the plain
tiff at Fairview, Mont, as soon as
he could drive them from the ranch
of the defendant on the Musselshell,
and that they were to be inspected
by the plaintiff, NJ. L. Trask, his SUI
perintendent, and A. G. Logan, the
deputy sheep inspector for this coun-
ty, at Twenty Mile ranch, which in
spection vas to be made prior to the
delivery of the sheep at Fairview;
that the sheep were to be delivered
at Fairview on the 18th of Novem-
Der, 1900, or as soon thereafter as
they could be inspected at the TWEEN
ty Mile ranch on or about November
81, 10000.
The defendant denies that he had
ever entered into any contract to
sell his sheep to the plaintiff or that
tho nloinfiff hod avor mold b;p, tho
sum of 81 or any sum to bind the
contract.
The sheep in question comprised
some $500 head of Oregon and Mon
tana wethers. The plaintiff alleges
that he had made arrangements to
feed and winter the sheep on his
ranch on the Musselshell and that
November ~, 1900, demanded the de.
livery of the sheep according to the
contract he alleges to have made
with the defendant.
The plaintiff asks that the court
award him damages in the sum of
$500.
The following persons testified to
different points relative to the sheep
and the market, price at the time they
were alleged to have been sold: 3.
E. Crawford, for the plaintiff; ]. L..
Ash, F. L. Summers, 1. d. O'Donnell,
e. o. R%ailsback, G. D. Prather, Chas.
McDaniels, Elmer Summers, G. O..
Gruwell, J.. Gallagher and ]. W. New
ton for the defendant. A. G. Logan
testified for the plaintiff as to having
heard the contract made between the
parties and w. X. Sudduth, the plain
tiff, also testified.
All the testimony being in court
adjourned at $40 p. m. until today
at 9 a. m.
At the conclusion of the above ac.
ton the court will take up the case
OF the Briggs-Ellis Co. VS.. Fred Tews,
forcible entry and detainer.
Today lat 10 a. M, the court will
pass sentence upon Seth Dix, who
was convicted Tuesday night of muir
der in the second degree, and at 2
p. m. will pronounce sentence upon
Myrtle Brown, convicted of assault
in the second degree.
Adam Frederick Skirving, a native
OF Canada, was made a citizen.
70 .. h