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=g^^~TM"^^TM Mason City News on This Page THURSDAY, FEBRUARY 19, 1931 Mason City's Feb. 19--Ceri-o Gordo Holsteii Breeders association annual meet ing; at Cerro Gordo hotel. March 4--President Walter A. Jes sup of University of Iowa to ac dress alumni at dinner in Hote Hanford. JVInrch 9.--Mason City school elec tion. see Phone ALLISON 431 for the bet ter Iowa Lump Coal. Its clean $1 Kansas City $8.75 by bus. Jeffer son Bus Depot. Phone 174. We guarantee Ericsson's ne\ Eczema remedy for chronic cases Brady. Farm Loans--Prompt service Act now for spring. W. L. Patton 109 East State Street. In two years the public will fore every manufacturer to use shatter proof windshield glass. Schuke Motor Co. H. J. Steinberg, assistant post master, returned Thursday from business trip to Tulsa, Okla. Washington Supper tonight, Firs Baptist church, 5:30 to 7:30. 5 cents. Lester Nichols, 216 Madison ave nue northwest, has been ill for thi past week. Delicious baked ham, cherry pli and all the trimmin's at the Wash ington Supper tonight at First Bap tist church. Don't miss it. "Wonderful cleaning service,' they say. Look at these low prices Men's suits SOc, two for 75c. Worn en's dresses SOc with exception o. some pleated dresses. Men's over coats and women's plain coats 75c Garments called for and delivered New Model-Unique, phone 49. 10' South Federal. 13 Cases Handled by Court; Nine Men Are Charged With Intoxication. Bryon Stratton, who gave his ad dress as Algona, forfeited a $100 bond" when he failed to appear at police court Thursday morning to answer a charge of reckless driving.'He was arrested Wednesday afternoon following: an accident in which his car and that of William Lee, Mason City, collided at First street and South Federal avenue No one was injured and little damage was done. Sam Garfin, Jr., Mason City forfeited a $100 bond for failure to appear to answer a charge of reck r less driving. He was arrested al Virginia avenue and East State street at 2:35 o'clock Thursday morning. jr R. W. Jones, Minneapolis, arrested Wednesday night and , charged with disorderly conduct, fl forfeited a S100 bond when he failed j to appear at court, j Otto Shields, Mason City, was J fined 525 on a charge of intoxica- I tion. Unable to pay his fine, he is !' being held in the county jail. ^ Vercy Perrin, Mason City, was * g-iven a suspended fine of $25 on a j charge of intoxication. ', Sam McCasa. Alec Perrin, Harry I Walske, Lyle Sloan,' A. W. Mnn- i ( "ing-, all of Mason City, and Ken- Li neth Murray. Charles City, were l[ fined 510 and costs apiece on intox- TA Ication charges. Charles Brady, Mason City, was i\ leleased on a $5 bond. He was ar'( rested for careless driving. G. E. Hawkins, address not known, forfeited a Â§15 bond for failure to appear to . answer a charge of intoxication. Daly Epigrams! When ignorance wins, intelligence drops away below par. ' Â· v"* PLUMBING FOR SALE OR EXCHANGE Fine 240 acres, Cerro Gordo county, well improved farm, will accept city property or a good going business. INVESTIGATE I'honc 13-1 Krcsgo Bldg. North Iowa's Home Newspaper MRS. BREWER WINS STATION CASE PLAINTIFF DENIED PERFORMANCE IN KELIEY DECISION Courshon Fails in Attemp to Get Judgment for Property Sale. Judge C. H. Kelley late Thursday afternoon handed down a decisio: in favor of the defendant in th case of L. P. Courshon company vs Helen M. Brewer, in which the plaintiff sought specific perform ance in the alleged sale of the one stop service station on North Dela ware avenue. The judge held that whether tin defendant's operation of the sta lion for two or three days aftei the alleged transaction is construct as possession or not, the plaintif was not entitled to specific per formance. Decision Given Following is the decision in full "The plaintiffs, L,. P. Courshon company and L. P. Courshon, to cavise of action against the plaint iff, Helen M. Brewer, allege that on or about Oct. 31, 1930, L. P Courshon and Helen M. Brewei signed a written memoranda in ref erence to the purchase by Helen M Brewer of certain property describ ed in said memoranda and that on said date a check for 52,000 .was signed by her payable to L. P. Courshon and placed in escrow; that subsequently, by oral agreement between said parties, certain negotia tions were had with a view to concluding a sale and purchase of the Courshon one-stop service station located in the building at the southeast corner of the intersection of Delaware avenue and Second stree northeast in Mason City, and cev- tain property located in said building; that on Dec. 11, 1930, an inventory of said property was completed and the amount thereof determined to be $7,370.29 and that on said date Helen M. Brewer acceptec the said stock, fixtures and equipment and took possession of same and of said business and a key to said premises and retained possession thereof on the twelfth and thirteenth days of December, 1930 and actually conducted said, business in said premises. "Plaintiffs say that on Dec. 15 1930, ' Helen M. Brewer notifiec plaintiffs that she would not carry out that part of said contract pertaining to the business and property connected with said service station and that since said time she has refused so to do. Plaintiffs ask the court to enter judgment anc decree in favor of plaintiffs', anc against Helen M. Brewer for the specific performance by her of tin agreement which plaintiffs say rvas entered into between said parties Is Unusual Remedy. "A decree of specific performance is an unusual remedy .and will only be granted when it appears that the plaintiff is clearly entitled thereto If Helen M. Brewer took actual pos- iession of the premises anij property in controversy on Dec. li, 1930, and retained same on Dec. 12 and 13, 1930, as claimed by plaintiffs, and the taking and retention of sucli possession on her part was intended ty her to be in consummation of the purchase and sale of said property at the price of 57,370.29 in addition to the Â§2,000 check held in escrow, as claimed by plaintiffs, then she thereby consummated said purchase and in that event plaintiffs are not entitled to a decree of specific pcr- "ormance as askeo., I since thereby :he contract has been fully performed. "It is wholly immaterial whether or not at that time, or since, the "eases in connection with said prem- ies were actually assigned or delivered to her and the situation would not be in any way affected or modified by her subsequent re- 'usal to retain such possession, if she did in fact so refuse. "If her acts in connection with .he claimed taking possession of said property were not intended by her to be in consummation of such sale and purchase, and at said time he minds of the parties had not met as to what consideration was to be paid by Helen M. Brewer to )laintiffs as the purchase price of said property, then same was inef- YOU lon't put off the buying of those mndrcd and one little necessities hat will make life more enjoyable. 'f money Is needed -- it's yours for he nulling here. A sound practical nan plan that gives you up to $300 vithout trnnblo or big expense. Your character anrt reputation arc Dcurity -- come In today and let iis how you. INC. fectual and in that event plaintiff are not entitled to a decree of spec: fie performance. "It follows that in no event ar plaintiffs entitled to a decree o specific performance as ashed b_ plaintiffs and their application in reference thereto should be, an same is hereby dismissed. Judgmen against plaintiffs and in favor o defendant for costs. "To each and every part hereof al parties except." Attorneys Argue. Judge Kelley took the case unds advisement at noon, following th arguments of the three attorneys in the case. L. R. Boomhower, plaintiff attor ney, opened the pleas Wednesday af ternoon, arguing chiefly the facts ir the case and contending that Mrs Brewer took possession of the sta tion the morning after the inven tory, apparently believing thi transaction had been completed. Cites Court Case. In his argument in behalf of th defendant, J. E. Williams stressed the contention that Mr. Courshon did not act in good faith in holding back an undisclosed principal anc making the transaction in his owi name. The attorney cited a suprem court ruling holding that specifl performance could not be obtainec where there was an undisclosec principal. Garfield Breese, plaintiff's .attor ney, argued the law question in th; case, citing numerous supreme court cases in answer to question"! raised by Mr. Williams, particularly on the point that Mr. Courshon was authorized to proceed with the sale of the property. Erdix Swift Gives Address at Meeting; Collection Is Exhibited. Erdix Swift addressed the Kiwanis club at the regular meeting Thursday noon at Hotel Hanford He spoke on furs and their values describing various kinds and their wearing qualities. Remley J. Glass had charge o the program. He introduced Vir ginia Hille, who gave a tribute to Abraham Lincoln: Guests of the club were Dan Murphy, Des Moines and Max Boyd. Mr. Swift stated how five years ago he started speaking on furs Gradually interest increased in this subject so that he has spoken before ai! the schools in Mason City an many schools in North Iowa. Has Fur Collection A large collection of furs was shown by Mr. Swift. He described the habita of various fur-bearing animals. Mr. Swift told how beavers built a series of dams so that they always had water in ponds along streams. He told of an otter fur which had been made into a coat and had been worn 32 years. This fur is now being made into another coat, he said, showing that wearing qualities are great. Louisiana Produces Much "The value of furs taken out of Louisiana," declared Mr. Swift, "is greater than that taken out of Alaska." Mr. Swift quoted several prices to show how prices of furs had dropped in the past three years vrany furs come from Iowa, he said. So many silver foj: farms have been started, he continued, that the price las gone low. Hunting experiences were also described by Mr. Swift. Postoffice to Close for Washington's Day; No Rural Deliveries Postoffice windows will be closed al! day Monday in observance of Washington's birthday, according- to ocal postal officials. One delivery will be made in the forenoon by the hree carriers in theb usiness district, but no delivery will be made n the residence districts. Mail will be received and dis- atched as usual, but no rural de- ivery will be made. Persons wishing to mail packages .londay may do su at the Foreat 'ark grocery, 1007 Fourth street southwest; the B. and O. drug- store, .335 North Federal avenue; the Tames Grocery, 2424 Jefferson avenue southwest; and Mrs. Ford's Lunch room, 9-!0 East State street ifficials said. CARD OF THANKS We wish to thank the friends and neighbors for their kindness and ympathy during the illness and eath of the late Mrs. Earl Carney. Sari Carney, Husband. trs. Mary Carney and Family. Bather, Sisters and Brothers, 'rancis Hensley. Cherokee, Attorney Accused. CHEROKEE, Feb. W. (/P)--A 'arrant for the arrest of J. V. regory, Cherokee attorney, on n large of embozzlcment, was filed n justice court today. CLAY PRODUCTS ACTION BACK IN Judge M. H. Kepler Sustains Motion of Defendant for Transfer. The. National Clay Products company of Mason City, defendant in an action brot by Albert F. Trettin and others, was permitted to transfer the case from the state to the federal court by an order filed by Judge M. H. Kepler in the district court Wednesday evening. The National Clay Products company claimed diversity of citizenship and that Pred Kecler was made a co-defendant solely for the purpose of defeating the jurisdiction of the federal court in the matter. Objected to Transfer. The case was started originally three years ago in the district court here. Mr. Trettin and other minority stockholders of the National Clay works objecting to the transfer of the assets from the National Cfay works to the National Clay Products company. The defendant at once moved to place the case in the federal court where it was pending until last December. Last summer F. A. Ontjes and E. G. Dunn, attorneys for the plaintiff, started another action in the state courts. The defendant, represented by Breese and Cornwell enjoined the plaintiff from proceeding in the state court while'the federal court case was pending. Other Case Dismissed. The federal court case was set for trial in the federal court here Dec. 8. Three days before it was to be tried attorneys for the plaintiff dismissed the case in the federal court at Dubuque. Following this numerous amendments have been filed in the case and in the January term the defendant moved to have the case transferred to the federal court. . The case pending not only asks that the transfer of stock be set aside, but also that the minority stockholders involved in the case be given judgment for Â§300,000, ESTABLISHED Carrier Will Drive From Nora Springs Junction to Algona. A star mail route to provide a section of North Iowa with better Â·service was announced Thursday by wstal officials. The route, which is also for the purpose of equalizing mail schedules following changes in railroad schedules, will be put into operation soon. The carrier for the route will be at Nora Springs Junction to receive the mail from the Rock Island train due there at 3:40 a. m. The carrier will be required to wait one hour in case the train is late. The trip from Nora Springs Junction to* Mason City is to take 20 minutes. The carrier will go to .he Rock Island station at Mason City to pick up the mail there and then go to the postoffice. He will leave the postoffice at 5:10 a. m. and will go by way of ~!lear Lake, Ventura, Garner, Britt, iexton, and Wesley to Algona where 10 is to arrive at 7:30 a. m. In the. afternoon the carrier is to cave the postoffice at Mason City at 12:30 and is to arrive nt Algona it 2:40 p. m. The carrier will handle only newspapers, first class mail, special iellvery and special handling mail, officials said. CARD OF THANKS We wish to express our most sincere thanks and appreciation to our many friends and neighbors for the Beautiful floral offerings and kind thots during our recent bereavement. Mr. and Mrs. H. J. Pine and Relatives. AT MANLY Saturday, Feb. 21 TONY JOHNSON and His NiKhthawks EVERYBODY COME! 1st Class ,Iot Guaranteed HAIR CUTS Any Style Case Against Watts for Co-Op Shipping Records Is Settled A stipulation bringing about a settlement of the case of the Clear Lake Co-Operative Livestock Marketing association vs. Cecil Watts and Harvey J. Bryant was filed in the office of the clerk Thursday by E. B. Stillman of Clear Lake, attorney for the plaintiff. The action was brot for the purpose of gaining possession of certain books and records of the association alleged to have been held by Mr. Watts or his attorney, Mr. Bryant. The stipulation stated a settlement had been reached whereby the books are kept in the office of Mr. Stillman, where they are accessible to both parties. Judge Joseph J. Clark issued an order in harmony with the stipulation. GOLDEN OAK ISARRICK SHOF Â» S. Uclatvurr PLANS COMPLETE FIRST AID Scouts and Red Cross Combine Efforts in New Activity, Plans are complete and the slage all set for the specialization course in first aid with Tom Conner of the P G. E. as instructor, which was to start Thursday night at 7:15 o'clock in the gymnasium of the Lincoln school. This course is under the auspices tjf the American Red Cross and the Boy Scouts of America and is open to any person interested in this phase of activity. The group in this course will be organized into a troon on the patrol basis. Each patrol will be made up of 10 to 15 men which will represent two or three five-man teams under the following recommendations of the instructor of the course. Muffllinll Is Chtiirman. A. J. Marshall, chairman of the leadership training committee o( the council, will act as troop committee chairman of the group; Charles A. ICnouse will hold the position of scoutmaster, with 1 H. B. Russell, field executive, as assistant scoutmaster, and 1C. J. Gle'nson, field executive, ,is senior patrol leader. Dr. H. H. Jennings, scoutmaster of troop 3, will serve as troop scribe.' In connection with this course will be held a specialization course in archery under the direction of C. H. Stevens and Ralph S. Stanbery. This course will run for five meeting- nights and the work will be done in the manual arts building. The men in this course will meet at the Lincoln school for the opening work and go from there to their work shop. To Make Bows anil Arrows. In this course each man will make a bow and at least six arrows, ancl in order to complete the course and receive a certificate it is recommended that he meet the requirements of the archery merit badge. It is the hope that this group of men will be the nucleus of an archery club which will sponsor this activity in the North Iowa area council. DESIGNS TO PLEASE the most fastidious at- BLANCHARD'S See our super diamond value for $100. The most for your money. A fortunate purchase makes this value possible. CREDIT FOIl YOUR CONVENIENCE WATCHES DIAMONDS THREE VIOLATORS OF BOOZE LAWS GIVEN SENTENCE Two Intoxicated Drivers and One Nuisance Case Be* fore Clark. Beatrice Smith was fined $200 and her automobile license revoked by Judge Joseph J. Clark in the district court Thursday when she pleaded guilty on a county attorney's information to driving an automobile while intoxicated. The defendant was ordered imprisoned at the woman's reformatory at Rockwell until the fine is paid for a term not exceeding 60 tlays. Arrested by Police. The defendant was arrested by police Jan. 16. A bottle of alleged alcohol was found in the automobile. A suspended sentence of one year was given Charles Mortz, also charged with driving a motor vehicle while intoxicated. He was placed in the custody of George Farrell of Thornton. The automobile license of the defendant was suspended for a period of 60 days. Given Throe Months. Chris Thronson pleaded guilty to maintaining a liquor nuisance anil vaa fined $300 and given in addition a sentence of three months in the Cerro Gordo'county jail. If the fine s not paid the defendant is to be mprisoned for an additional 9f) days the two sentences not,to run loncurrently. Thronson was arrested Sunday.by a deputy sheriff and police officers following- a search of his home at ^Icar Lake, where they found a quantity of alcohol. In anticipation of a change in the dry laws, some of the old brewers are getting busy and polishing Tip iheir machinery. In the interim, lowever, the beer runners are keeping busy and polishing off each other. --Judge. Have Your Car WASHED or GREASED LAPINER MOTOR CO. A Little Tells of Big Big- values . . . because Glasgow designed and made f o r y o u alone clothes are the trump ace among the clothing values. Ten minutes in our store seeing t h e f a b r i c s will quickly convince you of this fact. We are sure, too, one of these " trump aces" w i l l please you more than anything In the way of a suit or topcoat you've ever had before. Prices start at $25.00. 21 KAST STATE Where Quality Tells and 1'rico Sells Services Are Held for Resident of 61 Years; Immigrated in Wagon Funeral services for Mm. G. VV. Stoker, SO, were held at Patterson's funeral home Tuesday afternoon. Mrs. Stoker died Sunday nt Winona Minn. Before her marriage, Mrs. Stoker was DIauah L. Hayden. She war, the daughter of Samuel and Nancv Hayden and was born Aug. 9, 1850 in Pennsylvania. At the age of three years she moved with her parents to Beetown, \Vis. There she grew to womanhood and was married to George W. Pine Nov. 19, 18G8. They immigrated by wagon and horse team to Hancock county, the same year anc! located on a farm. In 1871 they moved to a farm near Mason City. She had been a resident of this community for over 61 years. To this union were born ten children, seven of whom are living. Those left are four sons and three daughters. The sons are Henry J. ancl S. N. Pino of Mason City- Charles B. Pine of Clear Lake, ant! B. L. Pine of Minneapolis. The daughters are Mrs. George Voltzof. Coeur De Alene, Idaho; Mrs. George Geror of Bemidji, Minn., and Mr?. C. H. Burnham of' Winona, Minn. One brother. Lee Hayden of Mason City, 71 grand children and 7 gre:il grand children survive. Her husband George W. Pine pre- ceeded her in death Aug. 28, 1903. In 1B17 she was married to George W. Stoker of Muscatine who died in 1920. Mrs. Stoker joined the cluircii when a girl in Wisconsin and had been a. member oÂ£ the Christian church since its organization in Mason City. HEATO For Furnace KENTUCKY Block-Lump Sixo .. BLACK HAWK Big Illinois Lump . W.Â©.Block Co. PHONE 563 NEW BUS FIRM MAY BE FORMED IN MASON CITY Hearing to Be Held Before Railroad Commissioners on March 10. Two busses will be operated each way once a day between Mason City and Lansing, providing: the board of railway commissioners grants the Trans-Mississippi Transportation company a certificate of convenience and n e c e s s i t y , as sought in an application on file. The hearing on the application will be held at the Hotel Hanford nt 1 o'clock on March 10, according to the organizers. The Trans-Mississippi company plans to make stops at Plymouth, Osage. New Haven, Ricevillc, Saratoga, Davis Corners, Cresco, Ridgeway, Decorah, Waukon, Church and Lansing. The completion of the bridge across the Mississippi river at Lansing is expected to release a flow of traffic into Iowa from Lansing and this fact is believed to have been one of the reasons for the organization of the bus company. The organizers of the company are John Senneff, Sr., John Scn- neff, Jr., ancl Howard A. O'Leary. Articles of incorporation will be filed soon. The organizers expect to start operations about Juno 1. Dignified, Comfortable, a pair of our oxfords adds mousur- aFily to o n o's up- pea niiico, v i s u a l ease. Who Ever Heard of a Ki;s(nuriint Having a Sale? Hero is One. On Friday and Saturday, FVli. 2(1 and Jil, We Will Survt! Two Whole Egg Sandwiches and All the Good Coffee You Can Drink for. . . f'onin on ... Lot's Kat K(rR Sandwichi's! iSanfooraa's 15 SOUTH FKDKRAL A V K . A Smull Restaurant Serving Good Kood. Opon from G A. M. to 8 1'. HI. Kvry liny. A Good Chicken Dinner on Sunday at 40c. Kat With Us. BIAS ON CITY For Early Spring! The Hat-that is different Crushers $5.00 Examine c j i r c f u i l y these fine Quality Hats-the richness of Lhc colors--the comfortable fit--the most becoming shapes that lend that touch of individuality. Ask to sec the crushers. They are good values right at the start of the season. MASON CITY. !A.