Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-05-03
SUPREME COURT DECISIONS.
Four Important Decisions are Handed
r.. Down by the North DakotaN .s
r. 9@ Supreme Court. ~. .z@. I 4: 4:
Fargo Tax Title Case Settled in Favor
of Plaintiff and Lower Court Z
h. Reversed. r- Il
County Commissioners Failed to suai-
!. ciently Designate the Paper to :
..... Publish Tax Sale. FL

Four more cases were handed down
by the supreme court this morning as
follows: ~. ,:&r T. 1,str -, Es5
Daniel Patterson, appeallant, VS.. A. T..
Plummer, respondent; appeal from
district court of Trail county-P. G.
Sweqson and w, E. Purcell for APP
pellant; John Caumody and c.. E.
i Leslie for respondent; Judgment
affirmed. - ~s@' ..
The opinion in the case was written
by Young, 1.-THE syllabus being as
follows:
The measure of damages recoverable
for a breach of an agreement to deliver
personal property, where the contract
price has not been paid. is fixed by
section 1885, Revised Codes, at the ex-
cess, if any, of the value of the prop
erty to the buyer, over the amount due,
on the purchase price.
Section 5010, Revised Codes, which
provides that the value of property to
a buyer is deemed to be the price at
which an equivalent thing could within
a reasonable time thereafter be bought
in the nearest market, is inapplicable
as means of estimating the value Of
property which in itself or through an
equivalent has no market value.
I Section 5112, Revised Codes, which
provides that the value of written
instrument is presumed to be that Ct
the property to which it entities the
owner. so far as it is applicable to cer-
tifcates of stock in national bank,
fixes the presumptive value of such
stock at par or nominal value and the
evidence to show a greater value is
upon the person asserting it.
The written report of the officers Of
national bank to the comptroller of
the currency made pursuant to section
5211, Revised Statutes of the United
States, does not purport to give the
actual or estimated value of the banks
property and is incompetent alone as
a basis from which to deduce the ac-
tual value of the banks stock.
E It IS held in this case that verdict
was properly directed for defendant,
on the ground that no damages had
been proved; further, that error was
not committed in excluding evidence.
Flora R. Douglas, appellant, VS.. R. O..
Richards, ct al, respondents; plaint-
iff appeals from judgment of the dis
trict court of Cass county; J. E. Rob-
inson, attorney for appellant; New
ton & Smith for respondents; lower
court reversed.
The opinion in this case is by Wal
lin, j., and the syllabus is as follows:
| BY this action plaintiff is seeking to
quiet the title to certain lands de-
scribed in the complaint, which belong
to the plaintiff and which are situated
in the county of Cass. Defendants
hold tax certificates for said lands is
sued pursuant to- a tax sale thereof
made in 1897 for taxes charged against
I the lands in the year 1896. Held, upon
the facts set out in the opinion, that
said tax sale and certificates are invalid
for the reason that the board of county
commissioners of Cass county failed to
sufficiently designate the newspaper in
which the tax list for the year 1897
should be published constituting sec
IA of chapter 81 of the laws of 1896.
Cass County vs.. Security Company fol-
lowed and applied. v :5a Z'%'5 >::s y.
United States Saving and Loan Co., re-
spondent, VS.. Roderick D. Mcleod,
appel liant: appeal from Cass county;
Tilly & Mcleod, attorneys for ap-
| pellant; Benton, Lowell & Holt for
/ respond dent.
The opinion III this case is by Wal
lin. j !, and the syllabus as follows: #
In this action plaintiff recovered a
Judgment after q trial without d jury,
Defendant caused q statement Of the
case to be settled in which q trial anew
an this court Is demanded The trial
Ijudge pH,ended 4 certificate to the
] atemerlt to the effect that the same
embodied oil the evidence and exhibits
offered at the trial AT the trial
among other evidence offered and re-
eeiyed, were certain written docu-
ments. eight in number. which were
respectively identified as exhibits
None Of said exhibits were iIlcorpo-