davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
At The Movies
EI.TINCE THEATRE

For combining real laughs, thrills
and actional drama, "The Crowded
Hour" starring Bebe Daniels which
opens at the Eltinge today. has
anything the popular Paramount sta,
has ever attempted before done to l;
crisp.
"The Crowded Hour" was written
for the screen by John Russell from
the Broadway stage success by Chan,
ming Pollock and Edgar Selwyn and
brings Miss Daniels to the screen in
the role Of Peggy Laurence, a breezy
telephone girl who, between "scusit-
please" and "linesbusy" dreams of
the day when Broadway will see her
name in the bright lights-a dream
that comes true when Kenneth Har-
Ian, who with T. Roy Barnes, heads
the supporting cast in the picture
sees her at an amateur night on the
Bowery and brings her and her part
ner tBarnes) to the notice Of a
prominent producer.
The World War separates Billy and
Peggy in their mutual love affair
Peggy. just to be near him, goes
across as a "Y" entertainer. 1t is
behind the lines in France that the
girl realizes Just how selfish she has
been and the suffering and self sacri-
flee she sees on every hand brings
about her regeneration.
Further 4th of July entertainment
at the Eltinge consists of Pathe News
and good comedy which are also
on the program for today and Satur
day.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
NEWS OF THE NORTHWEST

ally every field within a radius of
100 miles, most Of the heads be-
| ing long and still developing. While
the cool weather has prevented the
stand from developing height, the
stooling has been exceptionally
heavy. Predictions of 20 bushels to
the acre average for the area are
not far wide of the mark if the
growth season continues as favor
able, say farmers and grain men.
Corn fields are now showing a
good growth, although they have pre-
viously been retarded from growth
by the excessive rains and cold.
Hail storms in the southwestern
quarters of the state have been eX-
tlemely rare thus far this season.
One severe hail storm swept consid
cradle area in the West Bull Run
district in Golden Valley county 20
miles from Beach. One small hail
storm caused damage on an isolated
square mile of farming land seven
miles south Of Mandan. A few fields
show spotted condition as the re
suit of a black frost late in May, but
even these fields will make far bet
ter than average crops, the investi-
gators say.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
BETTER THAN
,JOB.HUNTINC

Untrainedyoune folks meet cold
reception in big business offices
today. Ifyou want to work for firms
like Standard Oil Co., Ford Motor
Co, International Harvester Co..
your prospects are good If you're a
pupil at Dakota Business College,
Fargo, to which they repeatedly 60
for help. Lucille Wallace is the
15Sth to 60 to Standard" About
700 banks employ ''Dakotans."
D. B. c. courses are unique. You
practice actual business deals. You
don't start work as green help.
Follow the SucceSSfur'-Mon-
day. Write F. L. Watkins. Pres.
500 Front St., Fargo.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
MARKET NEWS
Wire Markets By
Associated Press
WHEAT PRICE
GOES UPWARD
UnfavOrable Weather COndi.
lions Lift Values

Chicago, July 3.--(P--Although
selling out Of cons iderable wheat on
account of the failure Of Dean Ona-
tizia and Co. had some depressing
effect on the wheat market today at
the opening, moderate upturn in
values quickly ensued. Unfavorable
weather conditions northwest to-
gether with more or less anxiety re-
garding possible damage from black
rust had tendency to lift values.
Some foreign buying Of future de-
liveries was also Strengthening
factor Initial prices Sac lower to
7sc higher, September $l.39 to $l.40
IA and December $l.4O l-2 to $l.al
were followed by a rise to 81 Al IL,
September, and SLAP 7-s for Deem
Der.
Forecasts of cooler weather in the
Dakotas led to "a late decline IN
wheat prices today. The wheat mar
ket closed easy at the same as yes
tetday's finish to one and IL cents
lower. July $l.4l 3-4. Sept. $l.3S to
81 40.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
EXTRACTING TEETH
FOR ALL ILLS OP-
POSED BY OSTEOPATH

Toronto. Ont, July 3.--tED-War arm
ing against the promiscuous pulling
of patients teeth lust because it's
hard to find out what is the matter"
was sounded by DR.. Jerome NJ Wat
ters of Newark, N. j.. in his pres
idential address opening the annual
convention today of the American Os-
teopathic Society of the Ophthalmol-
oRy and Otolaryngology. Fight to a
finish to save teeth" he urged, IF in
your Judgment they should be saved"
DR.. Waters insisted that there be a
thorough examination, the elimina
ton of impacted third molars and
assessed roots and the filling Of all
cavities.
citing one of his own cases, he said
the patient had severe ear trouble
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
ST PAIL LIVESTOCK

SO. St. Paul, July 3.--P)-Cattle,
COO; largely cleaned up at nomin-
ally steady prices. Run largely
plain. Quality eraser steers sell
ing 81 to SO. Other killing classes
unchanged. For week better grade
fed steers unevenly 25 to so cents
higher. Common kinds and practic-
ally all grades fat she stock so to
rs cents lower. Gamers and cut
ters quality considered % or more
lower. Bologna bulls steady. Pack
ers and feeders uneven. 25 to SO
cents lower. Bulk, $4.75 to 1926.
Calves, Receipts 600, so cents high
er. Good lig hts, 1915 today. Bulk
for week 1925 to $3.50. Hogs 20
to 35c higher. Desirable butcher
and bacon hogs, $3.50 to $l3.75.
Top, $l3.s5. Packing, $ll.75. Pigs
scarce. Few feeders steady, $l2.75.
Average cost Thursday $l2.52, VT,
26O. Sheep 100 steady. Bulk fed
native lambs $500. Culls $1,000.
Handyweight ewes$7.5O. Heavy, 400
for the week. Fat lambs, 75c lower.
Sheep 25 to SOC lower.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
MINNEAPOLIS GRAIN

Wheat receipts 293 cars compared
with holiday year ago.
Cash No. northern STAG to $3.50
No. dark northern spring: choice
to fancy $l.58 to $l.64; good ia
choice $l.52 to $l.57; ordinary tc
good STAT to $l.5l.
No. hard spring SLAB to $l.64
No. dark Montana on track STAT
to $l.62.
July $l.44.
Old Sept. $l37 1-2.
New Sept. $l.37 3-8.
Dec. $l.39 l-2.
Corn No. 3 yellow 80 3-4 to 90 ga
Oats No. 3 white Al to Al 1-2.
Barley 20 to .85.
Rye No. 2 .89 to 80.
Flax $23S l-2 to $24l 1-2.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
BUMPER CROPS

Dickinson, July 3.-Wheat pener
ally in Morton, Oliver, Grant, Stark
Dunn and Mercer counties is show
ing the most luxuriant growth in
the history of farming operations in
the counties named. Spring planting
generally completed two or three
weeks earlier this year than las,
year when the area produced 9
bumper crop, resulted in an early
start for the grain. Exceptionally
heavy rainfall-expected in Stark
county, at least, to break all precipi-
tation records for Jme-put the
fields in perfect condition.
Wheat has headed out in practic-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
McCABE METHODIST EPISCOPAL
CHURCH

CHURCH
Walter f. Water, Pastor.
Divine Service will be conducted
as follows on Sunday:
1890 a. m. Morning Worship. The
Pastor will give brief sacramento
address on 1.-The Meaning of the
Cross" and the Holy Sacrament
Will be administered. The Choir
will sing the anthem, Break Thou
the Bread of Life" and Miss Louise
Huber will favor US with a selected
solo.
IL noon. Sunday School. Glasses
for all ages.)
1900 p. M. Epworth League. All
who are going as delegates to the
State Convention at Valley City will
leave the church at 8:l5 a. M. Mon
day morning.
500 p. m. Evening Worship. The
Pastor will preach on the subject
"A Soul Satisfying Revelation Of
God The quartette will sing
Nearer My God to Thee" and we
will also be favored with a trio en-
titled, Holy Father, Thou Hast
Taught U.s.
II you have no other Church Home
in the city, we heartily invite you to
worship with US. Strangers especial
ly welcome.
Remember the hours, 1880 a. m.
and 500 p. m.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

the fame accorded to him as al
around cowboy champion of the
world.
1924, Hoot and his company that
,, made Let 'Er Buck" arrived in
rendleton, Oregon, virtually on the
eve of the famous Annual Roundup
held in that city, he came as one
who, Ny reason of former prowess
had an unqualified right to mingle
with the pick of the country's best
cowboys.
Let Err Buck" was adapted by
| Edward Sedgwick and Raymond l.
Schrock from Charles Wellington
Furlong's novel
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
FIRST BAPTIST CHURCH
Corner Fourth St, and Ave, B,

Rev. a. A. Holmes, Pastor, SIS 4th
St. Phone 1926.
Rev. Harper r. Burns of Steele
N. D., will preach morning and even
ing.
1890 Morning Worship.
Solo-selected. Ruth Staley.
1900 noon. Sunday School. John
Thorpe, Supt.
700 p. IN. B. Y. p. U. meeting.
$500 p. m. Evening service.
The choir, conducted by Mrs. John
NJ. Hughes, will sing. II Go to Him
For Rest" and Il Heard The Voice
Of Jesus"
Wednesday, 500 p. m. Midweek
service.
You are cordially invited to at,
tend these services.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
BROOKLYN CLUB REGARDS
HUSBAND AND WIFE

New York, July 3.-(P)-A solution
of the club problem, so often blamed
for attracting the husband or wife
from home, has been found in Brook
Ign. A unique organization, composed
of young married couples and in
which each office is held by a couple,
has just celebrated its first anniver-
sary. One of the rules of the asso-
citation is that neither partner may
attend a meeting without the other.
The success of the Huawi Club,
formed at St. Marks Methodist Epis-
copal Church to promote greater ac
quaintance and to stimulate friend
ship among young married couples,
is shown in the fact that it has more
than doubled its membership in its
year of existence.
In addition to considering a couple
as one member, all officers and COM
mittees serve in twos. Mr.. and Mrs.
c. Percy Lent are listed as president,
and Mr.. and Mrs. r. A. MacMullen
as vice-president.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
Ar THE CAPITOL.

Hoot Gibson. star Of LET 'El
Buck" UNIVERSAL Gibson special com
ing to the Capitol theatre tonight
really played two parts while the
picture was being made. Possibly il
is better to say that he played one
part for the screen, and lived another
for his own qualification, for the
picture was made in town where
some years ago Hoot won fame
which he values more than he does
his fame as 4 motion picture star
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
CHICAGO PRODUCE

Chicago, July 800 Poultry
alive lower, fowls 20 to 22c; broilers
lS to 26c; springfs 3lc; ROSTERS
l312c; turkeys 2Oc; ducks lsc; geese
II to lsc. Butter higher, receipts
-5,3ll tubs, creamery extras Ale;
standards 4lhc; extra firsts 80 to
4Oc; firsts 38 to 38l2c; seconds "a
to 37c. Eggs unchanged, receipts
1868 cases.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
ADAMS BANKS MERGED

Adams, N. D., July 3.-The Securi-
ty State bank and the Scandal Amer
lean bank here have been consoli
dated into one institution, to be
known as the Security State bank.
p. S. Peterson of Grand Forks is
president, and o. H. Lundquist, con:
nected with the Security State bank
since 1907, continues as cashier of
the enlarged institution. Clarence
the Scandal American bank, becomes
assistant cashier. Paul Skarstad
also continues in the capacity Of as
sistant cashier.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
CHICAGO LIVESTOCK

Chicago, July 3, u. S. Dept. of Ag-
riculture.-tP)-Hogs 800; opened
active on better kinds, mostly to
shippers IS to 35c higher than
Thursdays average. Bulk 1876 TO
$50 pound averages $l4 to $14.25,
top $l4.50.
Cattle 1000; dull, slow on medium
and common grade steers; practic-
ally no good to choice offerings
here; early top medium weiGbt
steers $l2.75.
Sheep 10000; killing classes gen
orally steady, no western lambs Of
fered, bulk desirable natives SIS to
&l575
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
PAGE THREE

which failed to respond to treatment.
The X-ray revealed an liberated root
in the jaw, from which all teeth had
been pulled IL years before. With the
removal of the root the tear trouble
disappeared.
Others who took part in today's
program We're Drs. Carl }. Johnson
of Louisville, +. =. Willard Of Toron-
to. Kent L.. Seaman Of Fort Wayne,
Ind, +. c. Brann Of Wichita, Kans.,
Glenn S. Moore of Chicago and l.. S.
Larimore Of Kansas City.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
TRINITY ENGLISH LUTHERAN
CHURCH

Cor. Ave c. and 7th St.. /. G. Mon
son, Pastor.
Services here Sunday morning a,
IL o'clock.
Topic: False Criticism.
Sunday School at 1915.
Circuit meeting at Stone church
20 miles southwest Of Mandan, com
mences Sunday afternoon to continue
three days. "Woe unto him that
striveth with his Maker" Is. 45:9.
All welcome.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
DICKINSON CENSUS

Dickinson, July 3.--Ihe population
of Dickinson increased about 400
during the past five years accord
ing to 1925 census figures given out
BY Assessor W. u. Dickinson this
week There are now 4l67 residents
in the Queen City.
OF this number 2l5l are males and
1916 females. OF the former SOB are
foreign born and 493 Of the females
are foreign born. One hundred and
seventeen of the number are aliens.
In reality, however, Dickinson has
a population close to 5000, it is es-
timated, due to the number of nor
NAL school and other school attend
ants during the year. These are not
counted as residents of the city.
Dickinson has shown healthy
growth during the past few years
and is continuing to grow. The hous-
ing problem has become serious in
the city at the present time and II
more homes were available 1t is GER
tain that the population would IN
crease still more. There are any
number Of families who would come
to the city if they could find homes.
An interesting census of the auto
mobile in Dickinson has also been
compiled recently by parties inter
ested in automobile sales here. 1t is
estimated that there are over $50
Fords Of all models in the city and
$50 automobiles of all other makes.
This total Of 1900 would leave more
than one to every family in the city.
NEW BANK OPENS
Lidgerwood, N, D., July s.-The
new. reorganized First National
bank of Lidgerwood. replacing the
old national bank which has been un-
der receivership for some time, has
opened here.
The new institution will assume
SO per cent Of the deposit liability
Of the old bank, and will purchase a
like amount of assets. The balance
Of the assets will be held in trust
for the benefit of creditors.
The reopened institution has CAPT
tai and surplus of 100000. s. ..
Quammen is president; James Gools-
hey, vice president, and c. A. Bon
ger, vice president and cashier.
A. W. Johnson. receiver of the old
institution, is to assume the cashier
ship later, under present plans.
RANSOM CENSUS
Lisbon, N. D., July 3.-Ransom
county, on April l, 1925, had a popu
lation of 1888, according to the alb
stract of the 1925 census as tabu-
lated by j. A. Gray, county auditor.
OF this total, EGG, or "A per cent
are not citizens.
The City of Lisbon shows a popu-
lation of 1926; Enderlin. 1924 !;
Sheldon. 3l9. and Elliott, 81.
OF the rural districts. Fort Ran
som township shows the greatest
number of people with 800 popula
ton. Shenford comes second with
ABB, and Casey is close third with
l37. The smallest rural district pop
ulation is shown in Scovil!. town
ship, with SO population.
Native born citizens show ma
jolty of male of 1898 as against
1852 female. Of the foreign born
the count shows 495 males as against
365 females. Persons 60 years and
over show 47O male as against 3l5
female. Total male 5TU5. Total
female 5,l6S.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
WOMAN DROWNED

Grafton, N. D., July miss Mar
garet Perry, aged about 40, was
found drowned in the cistern Of the
residence Of her sister-in-law, Mrs.
Thomas Perry, with whom she lived.
Miss Perry, a cripple, is believed to
have lost her balance and tumbled
into the cistern.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
From Foster County

Anna Nelson, an insane person, by
John A. Nelson, her Special Guard
ian. Plaintiff and Respondent, VS..
J. Y. Walrod and John Nelson, De-
PENDANTS; J. L. Walrod. Defendant
and Appellant.
Syllabus:
/. In 1908 Mr.. Nelson conveyed
the land in controversy to Mrs. Nell
son; in October 1909, Mrs. Nelson
was adjudged insane; in February
1912, while on parole from the Hos
pital for the Insane, she re-conveyed
to her husband; in June 1914, she
was adjudged restored to sanity and
capacity by a decree Of the county
court, but in October following. re-
committed to the hospital as insane.
In May 1920, the husband obtained
a divorce on the ground that the
wife was incurably insane. In August
1920, Mr.. Nelson executed mort
gage on the land to Walrod which
was foreclosed in June, 1923; the
land was sold pursuant to the de-
cree. Mrs. Nelson was made a party
by special guardian, regularly ap-
pointed by the court, but no de-
Tense was interposed, the guardian
merely filing an affidavit that he
had been advised by counsel that
she had no "meritorious defense"
The judgment on its face, DEGREES
that Mrs. Nelson's interest is infer
Tor and junior to the lien of the
mortgage. In an action by Mrs. Nell
son to set aside the conveyance to
her husband and remove the cloud
Of the foreclosure proceedings, it is
held
Ca That the action is one to
quiet title and is not direct pro-
ceeding to vacate, annul or set aside
the foreclosure judgment.
90 That the judgment in the
oreclosure action adjudicates upon
its face the question of paramount
title, adversely to the plaintiff: and
that, although the adjudication of
the issue of paramount title in a
foreclosure proceeding is ordinarily
improper, the irregularity is not
jurisdictional and the decree is CON
elusive collaterally.
Appeal from the district court of
Foster County, Hon. Fred Jansonius,
Judge.
Reversed
Opinion of the Court by Johnson,
Judge.
c. w. Burnham, Darlington, North
Dakota, and S. f. Ellsworth, James
town, North Dakota, Attorneys for
the Appellant.
Hopes & Lanier, Darlington,
North Dakota, Attorneys for Re-
spondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
PRESBYTERIAN CHURCH

Paul S. Wright, Pastor.
$3.50 Junior Church School.
lO:3O Morning Worship.
Sermon: An 9Th Century B. c
Patriot
Text: Isaiah 81.
Special Music.
1900 NJ. Other departments OF
Sunday School.
z p. m. c. E. meeting.
8 D. m. Evening service.
Sermon: spiritual Victories"
Special music.
You are very welcome to join with
US in worship and service.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
Too Late To Classify

FOR SALE-Baby carriage (stroller
style) 80; clothes wringer, 81;
heating stove, $40; single cot and
mattress (both new. All in very
good condition. H. Holland, >414
Ave. A. 7-3-2t
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

John Moses, Hazen. No. OAK, and
Norton 4 Kelsch, Mandan. No. OAK,
Attorneys for Appellant.
Pierce, Tenneson, Cupler & STAN
baugh, Fargo, No. Oak, Attorneys
for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

FOR RENT-A five room modern
bungalow with splendid garden,
also household furniture for sale,
including piano, electric washer.
refrigerator and baby buggy. Phone
S71M. 7-3-3t.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

We make all pipe connec-
tiOns from the Street Into
your basement absolutely free
Of charge. Use Gas. the Super
Fuel. Bismarck Gas Com
pany.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

ALESMEN-Newly invented, fast
selling, slug-pfoof ball gum ven
dor. $40 commission for one sale.
Investment statesmen can make
$1,000 monthly selling operators.
Specify full or part time. Peerless
Products Company, New York Life
Building, Kansas City, Mo.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
ELECTRIC COOKERY
MEANS
COOKING IN COMFORT

We make all pipe connec-
tons from the Street into
your basement absolutely free
of charge. Use Gas, the Super
Fuel. Bismarck Gas Com.
pany.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
HIGH FINANCE

Grocer: Well. little boy, what
can | do for you?
Little Boy: Mother sent me to
get change for a dollar, and said She
would give you the dollar tomorrw
Kansas City Star.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

FOR SALE-2 story room modern
house to be moved off of lot, for
$500. Has furnace, bath room fix
lures, range and maple floors on
first floor. Geo NJ. Register.
7-3-1Wk
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03

We make all pipe connec
tions from the Street into
your basement absolutely free
of charge. Use Gas, the Super
Fuel. Bismarck Gas Com.
pany.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-03
SUPREME COURT
From Cass County

Joseph E. ROsatti, Plaintiff and
Respondent, VS.. Common School Dis
trict No. 50, Cass county, North Da-
kota, a public corporation, Defend
and and Appellant.
Syllabus:
N) Section 1859, c. L. 1913, is a
limitation upon the powers Of boards
of education of special school dis
tricts only, and has no application
to common school district boards.
(2) Section 1856, c. L. 1913, is q
statute of general application and
unless otherwise provided operates
to circumscrIbe the powers of all
school boards. including those OF
common school districts.
CD A contract for the services of
an architect in the preparation CT
plans, general drawings and specifi-
cations, and in making preliminary
studies for the erection and build
ing of school house, is for pro-
fessional services and within 1.-THE
exception from the requirement that
contracts for the expenditure of
school funds be let only after ad.
vertising for proposals and to the
lowest bidder.
Appeal from the District Court of
Cass County, Hon. A. T. Cole, Judge.
Affirmed
Opinion of the Court by Nuessle, j.
NJ. A. Hildreth of Fargo, Attor-
ney for Appellant.
Harry Lashkowitz of Fargo. At
torney for Respondent.
Burke, j., not participating.
From Griggs County
NJ. J. Lee, Plaintiff and Respond
ent, vs.. Arne Luckasen and Hilda
Luckasen, Defendants and Appel
lants.
Syllabus:
An application to vacate judg-
ment and court order upon the sole
ground that the judgment and order
are void, and which does not allege
any Of the statutory grounds for the
vacation of judgments or orders,
must be denied when judgment and
order attacked are not void.
Appeal from District court, Griggs
county, Cole, j.
Affirmed
Opinion Of the Court by Burke, j.
E. G. Larson, Aneta, North Dakota.
Burnett & Richardson, Fargo,
North Dakota, Attorneys for Plain
tiff and Respondent.
o. s. Gunderson, Fargo, North Da-
kota, Attorney for Defendants and
Appellants.
From Cass County
w. F. Halliday, Plaintiff and Ap-
pellant, VS.. L. u. Stambaugh. De-
PENDANT and Respondent.
Syllabus:
Il. Certain rulings upon the ad-
instability of evidence examined
and, for reasons stated, held cor
2. Where it seems to have been
assumed throughout the trial that
c was the agent of the plaintiff.
with authority to act in the transac-
ton in suit, and the plaintiff made
no request for instructions upon the
law of agency, it is held, following
the rule recently applied in Reineke
v. Com. Insurance Company, ZOE N.
w. 652, 66l, that the omission to
charge upon the law Of agency does
not amount to misdirection and that
the instructions are correct.
Appeal from district court Of
Cass County, A. T. Cole, Judge.
Affirmed
Opinion 81 the Court by John
son, J. ,--.