Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-02-14
5. IEAGARDEN
AGAINST MOORE
Civil Action Is Taken Up for Trial
in District Court This
Morning.
WINNETT IS THE winner
Is Given Verdict in Important Civil
Action-All Findings Are
in His Favor.

Judge Cheadle relieved Judge San
ner on the bench in the district court
this morning, when the case OF Sam
Teagarden against Jay Moore was
taken up for trial, O. w. Belden ap-
pearing for Mr.. Teagarden and J. c.
Huntoon representing Mr.. Moore.
The plaintiff sues to recover 81 200 al
legged to be due as commission on
the sale of tract of ranch property.
Judge Sanner Presides.
Judge Sidney Sanner, of Miles City,
has been presiding in the district court
since last Wednesday, when the
equity case of f. +. Mclean against
A. H. Sellers came on for trial. In
this action, the plaintiff alleged that
last year he secured from Sellers an
option on his ranch, comprising $40
acres, at $4,000; that after giving the
option, the defendant secreted himself
until half an hour before the option
expired on April Is, when he APP
peared and demanded the $4,000 i'll
cash if the option was taken up The
plaintiff rendered his check and Of
fered to get cashiers check, but all
tenders of this nature were refused
AS it was then nearly midnight, il
was impossible, according to the
plaintiff, to meet this demand, but !,
was contended that his tenders were
all that was called for and that the
defendants purpose in secreting him
self was to prevent the option from
being taken up. Suit was brought tc
compel the carrying out of the con
tract, the jury sitting in an advisory
capacity The findings were prac.
tically all in favor of Mr.. Mclean
the plaintiff, who was represented by
Ayers & Marshall, while J. A. Cole.
man appeared for the defendant.
A Non Suit.
The next case taken up was tiiat Q
r. J. Gruwell against the Ford Creel
Mining company Ayers & Marshal
represented Mr.. Gruwell, who sued tc
recover the amount of commission:
alleged to be due him on the sale O
stock in the mining company. Johr
A. Coleman appeared for the defen
dant and at the close of the plaintiff
case made motion was a non-sut
| which was sustained, after extended
argument.
Another Equity Case.
The case of Walter J. Winnet
against Iven J. w Woods and wifi
was taken UP Saturday, Judge Same
presiding. This was an equity cas-
in which jury was called, the plain
tiff being represented by John A
Coleman and DeKalb & Mettlei
while J. c. Huntoon and R. Won Tobe
appeared for the defendants. The &C
ton was brought to compel specif
performance of contract. 1t seem
that some time ago Mr.. Winnett ta
a deal on for the sale of large trac
of land to Butte parties, and secure
an option on the defendants holding
in the Flatwillow country, ,440 acres
at $l4 per acre, the understanding be
ing, however, that Mr.. Winnett
lands were to go in on this dea
The sale to the outside parties wa
not consummated, and the plainti
sued to compel the defendants to cor
vey the land to him under the agree
ment. r.
The jury reached a verdict at 4:3
this morning and it was read in coul
when court convened this mornin;
The findings were all in favor OF tn
plaintiff, Mr.. Winnett, who was ais
awarded damages of one dollar Th
was. perhaps. the most importar
action that will come up at this ter,
of court. the property involved b.
ing worth, it is estimated, about $35
900.
Escapes With Fine.
Charles Smith, the man arrested :
Roundup on charge of burglar,
this being finally reduced to pet
larceny. pleaded guilty to the latte
charge Saturday and was fined $50 b
Judge Oheadle.