Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-19
SUPREME COURT
FROM RENVluLE COUNTY.

fHOM MELVILLE SOO"' -
George A. Scofield, Plaintiff and 'Re-
spOndent,
S. A. Wilcox, Defendant and Appel
liant. ...
Syllabus: % Constituting Section
1921 of the Compiled Laws Of 1913,
which provides that: "ln addition TO
the salary prescribed in the proceed
ing section, the sheriff or his deputy
or deputies shall be allowed ten cents
per mile for each and every mile act
ually and necessarily Travelled in the
performance of their official duties,
| It is herd that the ten cents mileage
belongs to the deputy and not to the
sheriff where the work is done and
the distance is actually and necessarl-
" travelled, not by the sheriff, but by
such deputy.
Appeal from the District Court of
Renville County, Il. ID. Fisk, Special
Judge. Action to recover from sheriff
mileage collected by such sheriff for
distance Travelled by his deputy. Judg-
ment for plaintiff. Defendant appeals.
Affirmed. Opinion Of the Court by
Bruce, J. Goss and Burke, j., dis
sent.
Francis J. Murphy of bismarck, At
torney for Plaintiff and Respondent.
Grace 4 ,Bryans of Mohall, Att0r|
neys for Defendant and Appellant
FROM BARNES COUNTY
NJ. O. Grangaard, Plaintiff and Res
pendent;
John Betzina, Defendant and Appel.
liant. ...,
Syllabus: t.....
tu) A broker employed to sell
land for specific price and who has
agreed with his principal that he shall
receive doiiar an acre commission
provided that8hessells at such price
does not perform his engagement so
as to be entitled to recover such COM
mission in a suit upon such contract
by producing a purchaser who is not
willing to pay the price named and
even though the owner thereafter
sells the land to such purchaser at a
lower price, and where there is no
proof that the owner did not act in
good faith or that he prevented the
broker from performing his contract.
Appeal from the district court of
Barnes County: zCoffey, J. Action to
recover commission on sale of real
estate. Judgment for plaintiff. De-
PENDANT appeals. =
Reversed. Opinion of the Court by
Bruce. ].
Winterer E. Richie of Valley City,
attorneys for plaintiff and respond
emit
Lee Combs & l.. S. B. Richie Of
Valley City. attorneys for defendant
and appellant.
FROM STARK COUNTY.
The County of Stark in the State of
North Dakota. Municipal Corpor-
alton. Plaintiff and Respondent.
Vs.
Adam F. Mischief, ct al, Defendants
and Appellants.
Syllabus: Action by Stark County
to recover $4.794 of county commits
sioners and former states attorney,
Murtha. and bondsmen of said Off
Gals, for paying that amount to said
states attorney who received it for
obtaining and collecting judgment
for $3.50 against former defaulting
county auditor and his surety.
Held: The complaint states a
cause of action against the former
officials as principals and against
W Principals and sureties may
be joined in one action as the liabil-
ity of each and all sprung from the
Joint acts of the principals and
against whose wrongful diversion of
public money the sureties have con-
tracted to indemnify.
(3) The liability of all arose from
the one transaction. alleged misappro-
priation of public funds.
90 Causes of action ex contractu
and ex delicto may be joined under
such circumstances.
(5) A demurrer to complaint