The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1922-11-29
COURT DECISION IN
FAVOR OF CONLEY.
(COntinued from Page One.)

Continued from Page One.)
action.
AS to the second cause of action,
the plaintiff has the right to avoid
and reject the contract, made by the
defendant in its behalf, for the pur-
chase of the Walton ranch, or, with
in a reasonable time, hereby fixed as
the 18th day of March, 1928, to ratify
said contract and accept its benefits,
by payment and deposit in the office
of the clerk of this court, to the credit
of the defendant of the sum of SOL
500, being the amount advanced by
defendant upon the purchase price
of said ranch, together with interest
thereon at the rate Of s per cent per
annum from April 9, 1920; and also
the sum of %$6,755.41, being the
amount advanced by defendant for
the erection of buildings upon said
ranch, together with interest there
on at the rate Of 8 per cent per an
mum from October 6, 1921; and also
all sums, if any, paid and expended
by defendant upon the purchase price
of said ranch subsequent to the pay
ment he~reinbefore mentioned, and
also such additional amount as the
said defendant may have expended IN
the care and operation of said ranch
since said 9Th day of October, 1921,
including taxes, if any, paid by him,
to be hereafter ascertained and de-
termined by agreement of the parties,
together with legal interest on said
sum or sums from the date Of pay
ment, Upon the payment by the
state of said sums as hereinafter pro-
vi|ed, it sIaIl be entitled to any and
al crops 1 ISL on said ranch during
Il = wears III and 1922. On failure
to make sach payments and deposit
W hin the time stated the plaintiff
sflll have no further right, title or
interest in or to said contract or the
lands and premises covered thereby,
or the crops raised thereon since the
year 1920, and shall not thenceforth
be entitled to any of the benefits
thereof.
That the state is not entitled to a
decree of accounting herein against
the defendant upon the states first,
second, sixth, seventh, eighth, twelfth
or thirteenth causes of action or
either or any of them, nOr upon any
other cause of action involved in this
case.
That the sales of milk, butter and
dairy products made by the defendant
to the state and involved in the first
cause of action, the sales of pork
made by the defendant to the state
and involved in the third cause OF ac-
ton, the sales OF water made by the
defendant to the state involved IN the
sixth cause of action, and the sales
of beef made by the defendant to the
state and involved in the fifteenth
cause of action, were not made by the
defendant in his official capacity as
warden of the state prison. That the
subject matter Of said sales was not
illegal nor immoral in character, and
that the said sales were not prohlD-
tied by any statute or law OF the
state Of Montana.
That whether prohibited by statute
or otherwise, the TRANSACTIONS IN ques
ton have been fully executed by boil
parties thereto and, the plaintiff hav
ing paid for the property sold it b!
the defendant and having for year
retained and made use of the same
is not entitled to a judgment agains
the defendant for the value Of SAL
property or any part thereof.
That the defendant is entitled t
recover from the state his costs an
disbursements herein.
That the reasons for the foregoing
findings of fact and conclusions o
law are set out in the opinion heret
attached and by this reference mad
a part hereof.
A. j. HORSKY,