Page:North Dakota Reports (vol. 48).pdf/423

 the theatre could not meet his current bills. After the installation of a fotoplayer business improved to such an extent that the increased patronage took care of the payments on the fotoplayer and left a nice profit besides. We are sure that if you put the thing over right, you will have the same results. Cannot we get together at this time?

We are inclosing a stamped and addressed envelope, and awaiting your favor, we are

ALB*HR

St. Paul, Dec. 17, 1918.

Mr. A. J. Bauer, care Orpheum Theatre, Bismarck, N. D.—Dear Sir: We are sorry to report to you that we are still unable to make shipment of your fotoplayer. Upon receipt of the new parts from the factory, we discovered that one of the most important parts was missing and as it would take at least two weeks to get this by express from the factory, we concluded to go ahead and build it in our own shops. This has delayed matters longer than we had anticipated, but we have promised you the same guaranty with this instrument as we would with an entirely new one, and for this reason, the writer has insisted that the foreman of our repair department should have this instrument in just as good condition mechanically as a new one before it is boxed for shipment.

Of course, this means that the instrument will not be set up until after Christmas and while it may be a disappointment to you not to have the instrument sooner, you really are way ahead of the game for it means a saving of several hundred dollars to you on the instrument.

Regretting exceedingly that we have not been able to make shipment up to this writing, and. with compliments of the season, we are

ALB:AS

P. S.—Inclosed please find copy of your order which has been accepted by us.

1:INC.

On the whole it appears that the plaintiffs have had a fair trial. They have received good value for their player. The verdict does them no injustice. It is well sustained by the weight of the testimony.

Judgment affirmed.

., J., concurs.