The Bismarck tribune., 1918-08-12
closure sale, agd a ptr1hasfr q, =, s1Sa ,Sa
sale agrees MI ina fwlkr r. oh.tts, q tnS

closure sale, agd. a pprehasfr at such
sale agrees xhN th4 Pwl Pr OF tas
@ nersonal property soldaat Che chattel
M mnrtrage sale that the purchaser
wonid @ purchase the personal property
At such sale and pay tor tne same
and that, the owner might, Witnln
five days, repay the purchase the
amount paid out BY him at such SAFE,
such purchaser under such agree.
ment, is thesSgent OF the oWhel. y
the property and upon the paynent y
tender to the purchaser by the owner
Of the purchase price OF said properly
for which the property was SOLO at
said foreclosure sale within the time
stimulated the purchaser must deliver
smch property to the owner. and lal!-
ing and refusing to do, 50 in accord G 'l't Y
ance with the terms OF the agree
ment. he is liable for conversion f0r
the value of the property purchased
at such sale and converted.
ICY, An executOry agreement to act
as agent for another is ordinarily not
binding on. either party unless based
on sufficient consideration, but where
one gratuitously agrees to act 1or an
other and enters upon the perform
ance Of the undertaking, ne must COM
blete performance according to MS
promise even though there is lack OF
consideration. 5.} Il
3. The question OF agency was sub
mitted to. the jury under proper In
structions and it found the agency ex-
isted and It's verdict IS conclusive IN
this regard,
Appeal from the District Court OF
Benson County, North Dakota; Hon. 4
C. w. Buttz, u 81 II 4: y.
Affirmed. Opinion Of the Court by
Grace, j. Robinson, j., concurs spe-
cially. Christianson j. concurs in the
result. s
. Cowan & Adamson and H. $. Blood,
Devils Lake, Attorneys for Defendant
and Appellant.
Flynn e Traynor, Devils Lake, At
tornsSs for Plaintiff and Respondent.
aa M ORIGINAL.
State Of North Dakota, .ex rel. Viii
liam Langer, ct al. Plaintiffs.
Frank E. Packard, ct al, Defendants
and Respondents.
syllabus: i. For the purposes OF
taxation. personal property, even
though Of an intangible character,
may be separated from its owner and
he may be taxed on its account at the
place where 1t u.s., although not the
place Of his iomtcile.
2. Under the provisions Of Chap
ter 229, LawsSof 1917, all bills receiv-
able, obligations or credits owned by
non resident and derived by him
from business conducted in this
state are assessables at the butiness
conducted in this state are assessable
at the business dOmicil OF said nom
resident, his agent or representative
within this state in the same manner
as though such bills receivable, Obli-
cations or credits were owned by
resident Of this state
8. The state is not deprived of
power, to impose taxes on obligations
evidenced by bills receivable merely
because the owner has removed the
bills receivable from the state.1
4. II was not the purpose Of Chap
ter 229, Laws OF 1917. to impose
tax upon all obligations or debts owed
by citizens of North Dakota to resi-
dents OF other states, but to impose
such taxes only upon such credits and
obligations as have arisen and have
been accumulated in the course of
business by one who is actually con-
ducting business in the state.
s.. IA n0n sidept who has no estab-
'lished place Of business or any duly
authorized agent or representative in
this state and keeps no funds for in
vestment in this state; but loans
money on applications sent to him by
loan brokers and receives and accepts
such applications at his home office
In another. state, from which he rtans-
mits the moneys to the broker or bOr-
rover by. draft or cashiers check
drawn upon d bank in the state Of
such residents domicil, is not do
ing business In this state within the
meaning Of Chapter 229, Laws 1917,
SO as to subject such mortgage Sc
curities to taxation in this state.
Original proceeding by the State On
the relation Of William LANCER and
others, for the issuance of a writ pro-
hfbiting and enioining the State Tax
Commission and others from assess
ing and, listing for taxation certain
real estate mortgage securities Il
Writ issued. Opinion Of the Court
by Christianson, j. Robinson. j., con-
ours in part and dissents in part.
Grace, j., dissents from result.
Lawrence & Murphy, OF Fargo, N. 4
D., Butler, Mitchell Doherty. St.
Paul, Mimi, Attorneys for REALTORS.
Frank E. Packard, Of Bismarck, N.
d., Attorney for Respondents.
s---suY w. s. s.--f
NOTICE ! | ! i 70 THE
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