Page:North Dakota Reports (vol. 1).pdf/453

 and was argued by counsel on behalf of the plaintiff and defendants; wherefore the court makes and finds the following findings of fact herein, to-wit: (1) That the defendant Simon Fraser is the agent of George Benz & Sons, of St. Paul, Minnesota, and authorized as such agent to receive, store, and sell spirituous and malt liquors in the city of Fargo, in said Cass county, in the original package in which the same is consigned to him by his said principals at St. Paul, and received by him at said city of Fargo. (2) That during all times in said complaint mentioned said defendant Simon Fraser received, stored, and sold spirituous and malt liquors in the original packages, as consigned to him by his principals from St. Paul, Minnesota, and as received by him at said city of Fargo. (3) That the defendant George Benz is the owner of the building on the west half of lot eight, in block numbered five, of the original townsite of the town, now city, of Fargo, known as number five hundred sixteen and a half (5164) Front street, in said complaint described; and that he leases the same to said Simon Fraser as the agent of George Benz & Sons, to receive, store and sell spirituous and malt liquors as such agent and importer of the same in the original packages in which the same are consigned to him from St. Paul, Minnesota, and received by him at the city of Fargo, and not otherwise. (4) That the evidence fails to show that said liquor was sold by said defendant Simon Fraser to be drank on the said premises in said complaint described, or that the same was drank on said premises by and with the knowledge and consent of said defendant, Simon Fraser.” From which findings of fact, the court finds the following conclusions of law, to-wit: “(1) That the defendant, Simon Fraser, as the law now is in the state of North Dakota, has the right, as an agent of a non-resident importer of spirituous and malt liquors, to sell the same in the original packages in which said liquors are consigned to him by his principals from a foreign state, and received by him in this state. (2) That under the law the said George Benz had the right to lease the premises described in the complaint to Simon Fraser, as agent for George Benz & Sons, to be occupied by him as such agent, for the purpose of receiving, storing and selling spirituous and malt liquors shipped to him by his