davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27

we have set out quite fully, that
while the figures placed upon the
property OF the company, represent
ed in part by the certificates of stock
transferred to plaintiff, were high,
plaintiff was, TO say the least, negli-
gent in making no examination of the
property, especially the real estate,
and no investigation in regard to the
value Of the stock.
1t is recognized by law to be char
acteristic of human nature, for the
owner to set a high value on his
property, for the purpose of enhanc-
ing it in his purchasers estimation.
Hence, when the parties are dealing
on an equal footing, it does not help
the purchaser, who relies upon the
vendors statement as to value, when
no warranty is intended, and when
the language used does not affirm
some specific fact, but is a mere ex-
preston of opinion: Scott V. Walton,
supra; Pomeroy's Equity Jurispru-
dence, Sec. S78.
The trial court found for defen-
dant in regard to the validity of the
contract, and under all the evidence
and circumstances of the case, we
think the decree of the circuit court
was right and should be affirmed,
and 1t Is so ordered.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27
You viii Enjoy Using TIZ. The
Most Pleasant Remedy You Ever
Tried and Moreover 1t Works.

At last here is instant relief and
lasting permanent remedy for sore
feet. No more tired feet. No more
aching feet. No more swollen, bad
smelling, sweaty feet. No more
corns. No more bunions. No more
callouses, no matter what ails your
feet or what under the sun you've
tried without getting relief, just use
TIZ.
TIZ is totally unlike anything else
for the purpose you ever heard OF.
It's the only foot remedy ever made
which acts on the principle of draw
ing out all the poisonous exudations
which cause sore feet. Powders and
other remedies merely clog up the
pores. TIZ cleanses them out and
keeps them clean. 1t works right
off. You will feel better the very
first time its used. Use it week
and you can forget you ever had
sore feet. There is nothing on earth
that can compare with it. TIZ is for
sale at all druggists 25 cents per
box or direct if you wish from Wal
ter Luther Dodge Co.. Chicago, Ill.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27
TEA WILL
DARKEN FADED
AND GRAY HAIR

There is nothing new about the
idea of using sage for restoring the
color of the hair Our great-grand-
mothers kept their locks soft, dark
and glossy by using a sage tea"
Whenever their hair fell out or took
on a dull, faded or streaked appear
ance they made a brew of sage leaves
and applied it to their hair, with won
derfully beneficial effect.
Nowadays we don't have to resort
to old-time, tiresome methods of
gathering the herbs and making the
tea. This is done by skillful chem
lists better than we could do it our
selves, and all we have to do is to
call for the ready-made product,
Wyeth's Sage and Sulphur Hair Rem
edy, containing sage in the proper
strength, with the addition of sui
phur, another old-time scalp remedy.
The manufacturers of this remedy
authorize druggists to sell it under
guarantee that the money will be re-
funded if it fails to do exactly as
represented.
Don't neglect your hair Get a
bottle of Wyeths Sage and Sulphur
today, and notice the difference after
few days use.
This preparation is offered to the
public at so cents a bottle, and is
recommended and sold by all drug
gists. Special agent, ]. G. Perry.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27

relief to the plaintiff very different
from that prayed for or contemplated
by the contract, and it is not likely
that plaintiff would now consent to it
If 1t were not for the possibility that
the decree will coerce the wife to join
in deed to him, as the court cannot
give him a title free from the dover
estate.
According to "Giaque & McClure's
Value Tables" the value of Lucinda c.
Jackson's interest at the time of the
decree, if her dover became consum-
mate subsequent to May Is, 1898, was
SS11,49; and if defendant were now
dead and the dover of Maria consum-
mate, its present value computed at
6 per cent would be 1858. 7O-the value
of the property being $4,000 and the
wife being 80 years of age at the time
of the trial But the husband and
wife being of the same age and as
suming them to be equally in good
health, the expectation of life of the
husband is approximately equal to
that of the wife; and there is nothing
upon which to estimate the value of
the wifes dover. Giauque & Nc
Clures Present Value Tables, at page
1872, gives the expectancy, at the age
of 80 years, of males 1884 years, and
of females 1887. Therefore, the wife's
prospective dover is for less than
eleven days, and it is purely a gamble
that she will not outlive her husband
According to the same author the
present value of the inchoate dover
of the wife is $175.59; and the plain
tiff has not the privilege or right to
cut off the wifes dover by payment
OF that amount, nor does that sum
become the maximum of the liability
of the property hereafter When a
court attempts to determine the pres
ent value of an inchoate dover inter-
est, the result is most unsatisfactory
aud unreliable. Computations based
on mortality tables are rule of val
ues in law, in actions for damages, or
other cases where questions arise de-
pendent on the expectation of life, but
it seems to be very doubtful basis
upon which to compute a value to be
substituted for a price fixed by con-
tract These mortality tables are no
doubt approximately correct as an av-
erage of many cases, yet in any indi-
vidual case reliance thereon would be
mere speculative hazard.
Giauque's Settlement of Estates, -
at page sic, says that the present
value of the contingent dover during
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27

the dover, are those in states where
law and equity are administered by
the same court and all distinction in
procedure between them is abolished,
while those refusing to enforce them
are courts in states where the pro-
cedure in law and equity cases is kept
distinct. Upon this point compare the
classification as to procedure in 16
Cyc. "a and note, with the cases cited
In the opinion by Woodson, j., in the
case of iple-Hemmelmann Real Est.
Co. v. Spelbrink, 211 Mo. GIL, and note
to that case in IA A. & E. Ann. C. at
671.
There is no dissent from the state
ment that plaintiff is entitled to a
decree of specific performance if he
is willing to accept a deed from the
vendor alone, with covenants as broad
as those called for in the contracts and
he may then resort to his legal rem
edy, If he has one, against the vendor.
II, however, the vendors interest in
the land is subject to a contingent
estate, and specific performance of
the contract is asked with abatement
OF the price to the amount of the
value of such contingent interest to
be determined by the court it is be-
yond the province of equity to adjust
such value and substitute a price for
that one fixed by the parties. This
court has decided that contract for
the sale of land by the husband in
which the wife has not Joined is not
mutual and, therefore, not enforcible
in equity: Whiteacre v. Vanschoiack.
. Or. 11S, 11S, This case is cited with
approval in Deitz V. Stephenson, 81
Or 500, 606.
Specific performance in such a case
does not rest on the same principle
involved where the vendor owns only
an undivided part of the fee, in which
case the vendee, If willing to accept
1t, may tender the proportionate
amount of the price, it being unneces-
sary for the court to determine its
value; See Moore V. Gariglietti, 22S
Ill. l4S, and note to this case in 10
a. & E. A. C. $50. 1t is said in Riesz's
Appeal, 7S Pa. st. 491, that the dover
right of the widow is of such a con-
dngent nature, depending as it does
upon her surviving her husband, as
well as her continuing in life after
his death, that no abatement In the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27

price can be made which would De
just to both parties without in effect
making new contract for them,
contract which perhaps in the flIa
instance neither party would nave
agreed to, certainly not the vendor
This is the holding in Aiple-HemmeI-
mann, etc, Co. V. Spelbrink, supra u
which the opinion is exhaustive anu
is supported by the authorities Walva
are there collated. The following case
supporting that view: Reilly " sinful
25 N. ]. Eq. f5S; Riesz's Appeal SUI
pra; Fortune V. Watkins, "a n. e. Sg'
315; Cowan V. Kane, 2l1 Ill oi1'
Sternberger v. McGovern, supra; ~,
cas- v. Scott, Al Oh. ST. 641; GrayOli
V. Brugh, SO Va. S95, S99; Barbour v
Hickey, App Gas. 207; "a L, r. "a a
1853; Plum V. Mitchell, (Ky.) 20 ,. w.
391 In Aiple-Hemmelmann Real GSr
Co. V. Spelbrink, supra, there is ols-
senting opinion by Lamm, j., lollU~
ing the lead of the courts III lO"''
Indiana and Wisconsin.
Pomeroy on Specific Perfornan.s ,.s
(1S79) at Sec. 460 sharply crlIic.sIs s,'
Judge Sharswood's reasoning on 'et' :,
question, in Riesz's Appeal, u ia, ,,S5 -
400, as utterly untenable But We IN. .,
an array of comparatively recent cN's. :.
following and sustaining the RUE, I.
laid down by the courts OF renna., ia'.
vania and New Jersey, when S
to be the better and safer rule IA
. The case of Bostwick v. Beacr ot
N. Y. 422, relied on by plaintiff Is Nv Nv
in point as the widow signed the cO.
tract of sale, and the ascertalnnl'Ii, ~, !,
of the value of the dover was .na ',rr.
might be paid to her out oil lue NJ 10
chase price, and she was reg qulreu sams
convey her dover interest
courts grant such relief only ~ M
the refusal of the wife to JOIN ~ ,,,,tb
deed was by fraudulent collusioI, !, The
the husband. Others hold thal, i l,Sor AR
vendee had knowledge that the ,eaoc ancs
was married, specific perl9,lL 9,lLa"as5. n.as5
with abatement will not De ae'isk P,pk
Lucas v. Scott, supra; Sayinss a5a;
Co. V. Parisette, 6S on %. % tSr.
Downer v Church, A n. Y. G4'i fO'
tune V. Watkins. supra. snsc.
II is said in Watermon on r.bsu
PERI Sec. 81. "'If the purchaser; ;-"oUs ",s
he enters into the contrae,' hs of
that the vendor has a WIZ
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-27
CHALLENGE SALE

We challenge a store Salem offer Ladies Coats Suits Dress Goods Silks and
W less prices than we this week. We oVeOCked Profits cut M
ge2S SpoSng goods after Do buying here this week and
money,
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
L arm ano
Garden
ANTI-FAMINE INSURANCE.

New Science of FertiIizine by Inocu-
laton of Seeds.
The most expensive manurial sub
stance the farmer has TO purchase Is
the commercial fertilizer which con-
tains nitrogen. such as nitrate of soda.
guano. tankage, etc. Nitrogen, which
forms four-fifths of the atmosphere. is
a necessary ingredient in animal and
plant food. The nitrogen in the air
should supply the ground with plant
food, but nitrogen is hard to catch, or
Elk" as the process is technically call
ed, and. while it is possible to secure 1t
with the aid of static electricity and
also by chemical processes. the cost
is at present prohibitive. When living
things die or animal products decom-
pose. process which is brought about
through the medium of disintegrating
bacteria. some of their nitrogen is con-
verted to plant use. which explains
why manure brings such high price.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02

means of requiring attendance
by those children whose condi-
tion de mands fresh air treat.
ment.
The school will be opened in
March with an enrolment Of 40
pupils, which is as great as the
Eliza beth Mccormick school in
Chicago. Kenosha will be the
first city in Wisconsin to have
such an institution and the sec.
ond City in the west.
The equipment, which was
given to the city by the state
association as a prize in the seal
sale, has been forwarded The
school board has provided $125
for the building and a teacher at
$35 per month. A lum Der com,
pany has donated lum Der, can
vas for the curtains has been
given by a dry goods house, and
the building will be erected in
one of the large school play
grounds. Club women will sew
the sitting out bags.
Kenosha has a strong anti-tu.
berculosis organization. and
forty three citizens are mem bers
of state or national health organ.
izations.
In March Miss Ryder will
work in Madison, and in April
EauClaire. She will visit twelve
cities in the state, spending one
month in each.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
i coUN1's PRANK.
Delighted the Rsvesrs, but Worried
the Police Of Stockholm.

Delighted the RsveIers, but Worried
the Police Of Stockholm.
All Europe Is laughing at the latest
escapade Of Count Gasta Hamilton,
known as lie comte DIES chats-the
cat count" and member Of the Eng
lish ducal house Of Hamilton. The
story Of his latest prank is told in Eu.
ropean newspapers.
Count Gasta and some of his cronies
had honored Rosenbad, a popular re-.
sort in Stockholm, with their patron
age, and as a result some Of the fur
niture had been broken. IN particu-
lar, the covering Of a fine sofa had
been ripped and damaged. The man.
ager Of the resort demonstrated with
the count and suggested the advisable
ity Of the latter paying for the damage
This the count agreed to do and vir-
tually purchased the piece of furniture,
receiving receipt from the manager.
In short time singular procession
was seen by night jewellers in the park
vending its way from the main res
taurant to the public road. Four
sturdy messengers carried a sofa, on
which reclined the count and his COM
panions provided with napkins tied to
their canes. Amid cheers the process
sion left the grounds. It had not pro-
ceeded far before night policeman
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
[From Harper's Weekly. ]


Another nitrogen fertilizer, nitrate Of
soda or Chile saltpeter, which has
been secured from ancient deposits of
guano. is fast being exhausted. not
only by farm demands. but by the de-
mand for gunpowder. We must there
fore look elsewhere for nitrogen to
nourish plants. for soon the supply Of
natural nitrogen fertilizers will fall
short of the demand. says Harper's
Weekly.
Now, certain plants have the proper
ty of absorbing nitrogen from the at
mosphere through the medium Of nil
lions of bacteria which gather the free
nitrogen from the air. and this nitro
gen can be used in place of expensive
commercial fertilizers. The most bene-
fetal nitrogen gathering bacteria form
excrescences called "nodules" on the
roots of certain plauts of the pod
bearing family. These plants are call
ed leguInes and include clovers. peas.
beans, alfalfa. peanuts, etc. These
bacteria have one function only to per-
form--they form a copartnership with
the plant to supply it with nitrogen.
They gather in great numbers on the
roots of legumes. forming nodules,
which are large colonies of bacteria
stored with nitrogen. In exchange for
sugar food which the legumes give the
bacteria and on which they thrive the
bacteria gather nitrogen from the air
and feed it to the plants as desired
The plant by giving 2 per cent of sugar
receives 80 per cent of nitrogen from
the bacteria. When roots of legumes
die in the ground the nitrogen which
the bacteria have already gathered and
stored In these little punches or nodules
on the roots is given to the soil, which
is then rich in nitrogen. When the
next crop is planted in that soil, no
matter what crop it may be. nitrogen
is there-the more nodules the more
nitrogen. Therefore it is to the farm
er's advantage. to the advantage of the
world, to encourage the increase in
growth of these noduies.
The more nodules that are formed on
the roots the more nitrogen is fed to
the plant, and this makes the plant
grow more healthily, makes the foliage
deeper in color, more abundant and of
greater food value, the roots stronger
and longer and the stalks taller and
sturdier
Experiments in transferring nitrogen
rich soil from some sections of the
country where these bacteria flourish
to new localities. to mix with worked
out soil, have been made. Sometimes
the experiment is successful. More Of
ten. however, some harmful ingredient
of the soil is also spread to the new
SOIL The only safe way is to apply
healthy bacteria direct to the seeds of
the crop before planting-to inoculate
the seeds with bacteria which will
gather nitrogen from the air to feed
to the growing roots.
When every farmer whose soil lacks
nitrogen employs the aid of bacteria
there will be a wonderful increase in
size and weight of crops; there will be
a wonderful increase in the protein
value of food for cattle, which will
make for increased food value for
man.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
Warning to Railroad Men

Look out for severe and even
dangerous kidney and bladder
trouble resulting from years Of rail
reading. Geo. E. Bell, $50 Third
St., Fort Wayne, Ind, was many
years a conductor on the Nickel
Plate. He says: Twenty years of
railroading left my kidneys in
terrible condition. There was con-
tinual pain across my back and hips
and my kidneys gave me much dis
tress, and the action of my blander
was frequent and most painful. /
got supply of Foley's Kidney Pills
and the first bottle made wonder
full Improvement and four bottles
cured me completely. Since being
cured I have recommended Foley
kidney Remedy Pills to many of my
railroad friends @. w. Frost.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02

Kenosha, Wis, March 1, "A
health movement which augurs
we'll for this city is now in full
swing here as a result OF the
great interest aroused by the
Red Cross seal campaign. by
the winning of the open air
school equipment and by the
work in February of the visiting
nurse whose services we're given
to the city by the Wisconsin
Anti-Tuberculosis association.
The work of the nurse. Miss
Sarah Ryder, has aroused the
city to the tuberculosis situation
as nothing before, and the need
of a nurse as permanent IN
stitution has been so strongly
demonstrated that the employ
ment of a permanent visiting
nurse is seriously considered.
While it was impossible for
Miss Ryder to visit all cases of
tuberculosis in the city, she
strongly demonstrated the ne
cessity of home visiting, instruc'
ton of ignorant, careless patients
and of relief for those whom the
disease has made incapable of
self support.
Miss Ryder has been asked to
speak before several women's
organizations and Sunday night
addressed a large meeting
arranged by five churches of the
city in the congregational
church. Her address set forth
clearly and forcibly the neces-
sity of rigid enforcement of the
states health laws and the
necessity of new city ordinances
to meet modern conditions and
requirements.
Much of the nurses time has
been devoted to the open air
school, examining children to
determine those in greatest need
of fresh air treatment. Much
interest in the school has been
displayed by all classes. More
than fifteen applications were
received by mothers who desired
that their children receive in
struction in the open air. In
two or three instances there was
opposition on the part of the
parents, but the superintendent
of schools, Mrs. Mary D. Brad
ford, is planning to use the
compulsory education law as a
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
GOOD WORK
Done Daily in Washburn Many
Citizens Tell of 1t.

Nearly every reader has heard of
Doan's Kidney Pills. Their good
work in Washburn still continues,
and our citizens are constantly add
ing endorsement by public testi-
mony. No better proof of merit
can be had than the experiments of
friends and neighbors. Read this
case;
Mrs. Robert Burke, Fourth st. !,
Washburn, Wis. says: Several
years ago member of my family
had kidney trouble and the use of
Doan's Kidney Pills effected a COM
plete and permanent cure. This
remedy drove away pains in the
back and kidneys and corrected
other symptoms OF kidney complaint
We obtained Doan's Kidney Pills at
the City Drug Store and are always
willing to give our endorsement. "
For sale by all dealers. Price so
cents. Fostern MilburE Co. Buffa-
10. New York, ssole agents for the
United States.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
SAVE YOUR BARN TlMBERS.
Care and Attention Will Often Avert
Need of Rebuilding.

Need of Rebuilding.
A carpenter was telling me the other
day that he knew of barn which had
been new Silled three times In the
space of sixteen years, says q CORE
spondent of the American Cultivator.
Think of what a burden Of work and
expense that would be!
But that is what is going on all over
the country every year. The stills.
sleepers and posts Of our barns rot
away. and we must replace them or
let the buildings go down.
The trouble many times in such
cases is that we have not provided air
enough around our foundation tim
bers. Nothing rots timber like being
shut away from the air.
Now, by putting here and there in
the wall of our barns small frame OF
plank, say, eight inches square and
building the stones or cement about 1t
we have furnished opportunity for the
air to get in and lengthen the life of
our timbers. Over these squares we
may tack a piece Of wire cloth to keep
out cats and other small animals.
Especially is some such thing needed
If the building Is one in which we
sometimes wash the wagons and car
riages with hose or with a pail OF
water and sponge. The water trick
ling down, added to the lack Of ven.
tilation, will soon cause the best OF
timbers to decay. In such cases there
ought to be good drainage as well as
an opening for the air to get in about
the wood.
Some kinds Of wood are more sus-
ceptible to decay than others. OF our
native woods red beech, chestnut or
oak is probably the best.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
E. G. MOORE
Plumbing, Steam &
Hot w ater Heating
Repairing
Plumbing Shop located at
UNGRODTS
Call or Telephone Both Phones


The new Edition of the story of
John f. DeilZ the Defender of Cam
eron Dam is out. Agents wanted.
Sample copy 80 cents. Book fully
illustrated, Gives Cameron Dam
story up to-date. Address
Phillips & Erickson Publ shers,
Cameron, Wisconsin.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02


ing up at the tall. timid youth, inter
rupted:
"Just throw the manuscript in the
wastebasket, please he said. "Tm
very busy just now and haven't time
to do it myself"
Mr.. AIDE obeyed calmly. He re-
sumed:
81 have come from the - theater.
and the manuscript l have just thrown
in the wastebasket is your comic farce
of The Erring Son. which the man
ager asks me to return to you with
thanks. He suggests that you sell it
to an undertaken, to be read at flu
nerals.."
Then Mr.. AIDE smiled gently and
withdrew.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
The Dull MOVING Machine.

The moving machine that chugs un-
der ordinary conditions is sadly in
need of attention. In nine cases out Of
ten the fault will be found in one or
the other or both Of the cutting edges.
The sickle may be dull or the edges
worn off the ledger plates. 1t is only
half remedy to sharpen the sickle
and leave the dull ledger plates in.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
Made Him FcsI Quite at Hume.

A tourist in the Welsh mountains
who had been caught in violent rain
storm and who after much difficulty
had succeeded in making his way to a
solitary cottage congratulated himself
on his good fortune when he was ask
ed by che man of the house to stay for
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02

the night. After DOMINIC a suit of his
hosts clothes, so that his own might
he dried, he proceeded downstairs and
on his way met the mistress with
big Bible in her hand. In the fading
light she mistook the stranger for her
husband and gave him a thump on
the head with the book, remarking.
THAT'S for asking the man to stay
all night"
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-03-02
Aar4.s4inn Clover Seed.

The seed should be well matured
before being cut. The heads must be
well Drowned. and the seed should
rub out in the hand. If the clover
As cut too green much seed is lost, so
it is very important point to let 1t
get thoroughly ripe before cutting