The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-02-18


of making numbering court decisions.
Most of the decisions might be reduced
one-half by revising them into clear
and concise language. The same is
true of the head notes which are usu-
ally called the syllabus. The purpose
of head note is to show at a glance
the leading points of the decision.
Hence it should consist of not more
than three or four simple sentences.
Yet in many cases the head note SEN
fences are anything but short and
simple. In recent case theNleading
decision covers;l2 pages: Three head
note sentences contain $50 words and
the word contract" is repeated "a
times. Here is copy offthe shortest
sentence: Where a written contract
is full and complete as to all of the
terms of the contract, and the terms
or such contract are plain and spe,
cific and set forth fully. 1.-The subject
matter Of the contract such writ
ten contract covers the subject matter
of the contract fully so fas to be a
complete contract, oral testimony is
inadmissable to show prior oral
agreement entered into between the
parties prior to the time Of the execu-
ton of the written contract"
What think you Of that? Itthink
it means only that when aSwritten con-
Tracts full and completeit may not
be varied by a prior oral agreement.
The two long sentences dare not
copy or attempt to translate, but I
guess the meaning is just the same as
that Of the short sentence. AS you
will observe from the opinion given
below the above long winded decision
of 1880 words was given on an appeal
in a petty case of no merit. The ap-
peal was from q verdict and Judgment
for only $4,000. The writing and
booking of the long decision must cost
the state at least $500. To. me it
seems perfectly absurd and ridiculous
to make so much cost and spend so
much time on such a petty matter.
,Sucha thing is never done only when
the state pays the cost. In state af-
fairs it seems there is no care for bus
illness efficiency and economy.
Gilbert Mfg. Co. VS.. Bryan.
Robinson, j.: (ConcuEring special
ly.) On Dec. 4, 1914, defendant made
to plaintiff promissory note for $21S
with interest at 10 per cent. Payment
of $3.50 was made Oct. !, 1915. For
the balance, with interest, amounting
to $1O7.35, the jury found a verdict
against the defendant and he appeals.
The defense is that defendant ar
ranged with the plaintiff to receive
and set up certain of its galvanized
grain bins, and as evidence of good
faith he gave the note without any
consideration AS the evidence shows,
the plaintiff is a manufacturer of grain
bins at Aberdeen, S. D. The retail
price of a grain bin is $135. Defend
ant gave the plaintiff written order
for three grain bins to be shipped to
him from Aberdeen at sos q bin, +.
O. b. The bins were duly shipped and
received by the defendant and each
bin was sold by him with the aid of
one Mckenzie, an agent OF the COM
rorv. One bin was sold to Christian
son, and he paid $3.50, which is en-
dorsed on the note One bin was
sold Mr.. Andahl, and defendant re-
ceived the price, $125. One bin was
sold to Lundeen, and he paid $3.50, and
defendant received the money. Thus,
according to the testimony Of the de-
PENDANT himself, he has received the
price of the three bins, $3.50 from
Christianson, $3.50 from sLundeen, and
$125 from Andahl The note for $2lS
was given for the wholesale price OF
two bins at sos each. making $40
and some irons amounting to S.
The defense has no merit lJudg-
ment affirmed. 58
Neer Vs., State Live Stock Board.
Robinson, j.: This is q suit or rath-
er two suits to enjoin the killing of
two valuable mares on the ground that
they are infected with the disease OF
dourine. The disease Is not really in
fectious. II u communicated by one
animal to another only In the act OF
breeding. The mares are good work
horses WORTH abdut $500 mere IL no
real evidence that they are infected
with any disease The p1ainti4 does
4 not wsHt Is breed q, q en ~ stos have
his property destroyed The trial
sEAo0St 0nd6 Each mare ~ question il