Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-07-06
OWNERSHIP OF
70 TONS HAY
IS DISPUTED
VIM. Thomas, Suing for
5000, is Sued by Defend
ant for $72.
r ,a2n ~

The ownership Of 20 tons Of hay
is disputed in a ease which is being
tried today before a jury in the dis
trict court where William Thomas, a
farmer, is suing four defendants in
an effort to recover 5000 which he
alleges is due him for damages which
he claims these men have caused.
Mr.. Thomas, who is represented by
Attorneys Bangs & Robbins. Geo. A.
Bangs appearing in court, alleges that
the defendants j. H. Colling. Isaac
Mitchell, Ole Sway and Ole Raaskog
have unlawfully appropriated 20 tons
Of hay for their benefit and Use this
transaction is said to have taken
value Of the hay is given as 800
which amount the plaintiff prays the
court to allow him..
Couldn't Get Hay.
1t appears that plaintiff is a farm
year did have-nine horses. but no
hay wherewith to feed them. He
claims that there is a shortage Of hay
IN North Dakota, and that it is almost
impossible to secure any at any price;
such that can be obtained, the plaint-
if says, has advanced to an almost
prohibitive price, and for this reason
plaintiff has been damaged, he al
leses. to the extent of $500, which,
hay, makes 5000. Judgment for this
total amount is demanded by plaintiff
who himself took the witness stand
this morning and wss subjected to q
lengthy examination by Mr.. Bangs
and cross-examination by Attorney j,
B. Wineman, counsel for the defend
ants. -
Ceilings Explanation.
j.. H. Colling, speaking for himself
and his co-defendants, makes q
sweeping denial of all the allegations
set forth in the complaint. and in his
answer, amplifed and elaborated in
the course of the testimony offered
to the court. says that he, in the
summer of 1917 made an agreement
with plaintiff by which the latter was
to cut the growing hay OF the north
east quarter of the southeast quarter
of section 10, township 1855, range
SIN short, 40 acres of land belong
ing to MI. Collins. According to the
agreement made between the two
men, plaintiff was to pay for hay cut
and stacked SO a ton; measurements
to be made IN October 1, 1917. Now,
NuA. SO4AAA6 dNC1S, AI. p l4lOIlldS -Cul
and stacked 80 tons of hay. but re-
fused to adhere to the contracted
stipulation for and payment
on October l, and then he removed
"a tons of hay for his own use.
Check Was Stopped.
On the day before Christmas Mr..
Colling demanded payment, and he
says that plaintiff wrote out a check
for him. amounting, to $117.5O. So
far so good. But. the defendant says,
as soon as the check. had been writ
ten out, plaintiff Immediately in
structed the Blank of Inxster to re-
fuse to honor the check. The next
step in the case was that Mr.. Colling
notified the plaintiff that he must not
take n more hay away and this
seems to have been agreeable to Mr..
Thomas.
Mr.. Colling then sold 6 1-2 tons of
hay to Ole Sway and an equal guam
tity to Ole Raaskog who thus entered
into the proceedings as co-defendants.
The claim is made by Mr.. Colling
that the plaintiff failed to comply
with the terms of the agreement and
took for his own use "a tons Of hay,
thus causing the defendant, a loss Of
$72 which is the amount he asks the
jury to award him, coupled with the
prayer that the complaint against
him be dismissed. -.
The jury hearing the case, is COM
posed of the following men: Max
Griggs, John Anderson, Charles
Bonebreak, Chr. christensen, Thos.
Nelson, L. Blancheet, Jas. Caldwell,
Ole Solem. c. H. Nelson, Thos. Brat
lund, H. N. Sandbeck and E. j. Lane.
Last night the jury in, the case of
NJ. Giller against F. Osman brought
in a verdict in favor of the defendant
who had been used for $468.26.