The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-15
FROM BURLEIGH COUNTY

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The Northern Pacific Railway com.
spondent, VS.. Bismarck Commission
company, defendant and appellant.
Syllabus: The plaintiff brings this
action to recover possession of part
Of it's right of way. In justice court
and in district court the decision was
given for the plaintiff, and defendant
appeals. Manifestly the defendant held
| over contrary to the terms Of his lease,
which contained an express agreement
that either party might terminnie the
same on written notice Of thirty days.
Judgment affirmed. ~
Appeal from district court, Burleigh
county, Hon. w. L. Nuessle judge.
Affirmed.
Opinion of the court by Robinson,
j., Bronson, j., concurrins specially,
and Grace. j., concurs in result.
w. L.. Smith, Bismarck, for appel
liant
Miller, Zuger & Tillotson, Bismarck.
for respondent. .....g
NJ. A. Hildreth, plaintiff and re-
spondent, VS.. William 0. Honsinger, de-
PENDANT and appellant. 7
/ Syllabus: In an action brought
for the recovery of reasonable attor-
-ney's fees. earned in conducting ]itiga-
ton for the defendant and for .neces-
sary expenses incurred therein the evil
tience is examined and held to support
the verdict.
g Where an attorney is employed
to institute partition proceedings for u
client, and it is agreed that he is to
he compensated and reimbursed out OF
the proceeds of q sale Of the real prop
erty be partitioned, the relation
ship established between the attof
ney and client is one Of mutual contid-
ence, and where the client, withont'
communicating with his attorney. OBJ
Structs the progress OF the proceedings
the attorney is entitled to reasonable
compensation for his services rendered
aud to reimbursement of his expenses.
Appeal from order OF district court
of Cass county, Cole, j., denying a
motion for Judgment non obstanto YER
dicto or~for a new trial. Affirmed. e.
Opinion by Birdzell, J.. '
NJ. A. Hildreth, in pro per, NJ. L.
Hildreth. .E.--.
Carmody, Londen. 4 Mulready of
counsel, Fargo, H. p, attorneys for
respondent - -~.-
Fowler & Green, Fargo, N. D., attor-t
neys for appellant. a:Ia.f sc. sa&
IL Jessie Langton, plaintiff and respond
ent. VS.. Charles Kopsa defendant and
appellant. ~ gigTgJ III { ar{u
4 Syllabus Plaintiff brought action
against the defendant to compel de-
PENDANT to convey to plaintiff by whr
ranty, deed, certain lands in pursuance
to the terms Of a certain contract for
deed. the terms Of which had been fully
performed by the plaintiff, and the
provisions Of which entitled linn to q
deed upon full performance Of the con-
ditions therein Plaintiff rendered to
defendant the full amount due on said
contract on January 4, 1917, in the
sum of. $2,25394. Defendant claimed
that the amount rendered was not s,lf-
fcient to pay the balance due on the
contract price of the land. Held, that
the plaintiffs tender was sufficient in
form and amount and entitled him to
the warranty deed for the land. &
Appeal from a judgment of the dis
trict court Of Ramsay county, Hon.
Frank E. Fisk. judge. Affirmed.
Opinion of the court by Grace. ].
J. G. Adamson. Devils Lake, N. D.,
attorney for plaintiff and respondent.
Frick & Kelly, Lakota, N. D.. attor-
neys for defendant and appellant.