Show lEDAGETS NECKLACE Judge Pardee Decides the Famous Necklace Case 4 I MISS STROMBERG WON IT i + f PAID JUDGMENT A CARRIED OFF THE TROPHY L Her Attorney Lindsay Rogers liquidated li-quidated the Claims of Creditors and Says Mss Stromberg Gave Him the Money What It Hn Cost the Syndicate I At last that vexatious question concerning con-cerning the ownership of the Saltair diamond necklace has been settled Miss Leda Stromberg is not only decided de-cided to be the owner but she Is the possessor of the jewels She has taken t them home with her and they will no doubt grace her neck on those occasions occa-sions where she shines ih evening dress In a lengthy and learned decision Justice Pardee arose to the Importance of the occasion yesterday morning This matter had become so serious and of mattr such public interest that the justice thought i better to put himself upon record His opinion which was typewritten type-written deals with the question at length Miss Stromberg had an Intimation that the suit would be decided in her favor and the gentlemen who consti tute the Stromberg syndicate were prepared pre-pared to see that she received the jewels jew-els She came with her attorney Lindsay Lind-say R Rogers As Is understood the question for Justice Pardee to decide was whether or not Miss Stromberg owned or had an Interest In the necklace in order to I I determine whether or not the judgments judg-ments for 4682 held against her could be satisfied by Its leo Ii le-o Opinion of the Court Speaking of the Saltair contest and its result the court said I Is apparent that the transaction I Is not a gift a declaration of trust a reward or a lottery that It Is not affected j fected by the statute of frauds but that I It Is a contract of sale or a bargain I I I and sale of goods without conditions as to delivery with the attribute of a prize attached to it These parties mutually asserted and agreed to the contract when they purchased the tickets and paid the money The thing with property prop-erty transferred in this case is the necklace and the price is the amount S of money In the aggregate paid for the tickets In a contract of sale of property prop-erty the title rests Immediately In the purchaser a soon a the contract is made or i there are any conditions as soon a the conditions are performed I I ed Here there were no conditions to be performed and the only thing to do vas to count the tickets after they were I I all purchased and deposited and to make known the result I is not necessary neces-sary in a bargain and sale of goods that a delivery or a change of posses I felon of the property to be had to vest the title in the vendbr As soon as the bargain is struck and no agreement agree-ment is made as to delivery the absolute I abso-lute title vests In the bargainee and the goods are held at his risk An between the vendor and subsequent subse-quent purchasers and creditors of the vendoi a different rule prevails by reason rea-son of the statute of frauds in most states In this case however the donee or I the beneficiary the contract may not have been the party purchasing the I tickets or any of them But that does not alter the legal status or change I the transaction from a bargain and sale I only adds another party to the contract I cntract Justice Pardee quotes many authorities authori-ties to support this opinion and finds that from these premises and considerations consid-erations the court draws the conclusion conclu-sion that the defendant Leda Strom berg became vested with the absolute title in the necklace and is the owner thereof uI Is therefore ordered that the p property be turned over to the consta f ble and sold in the usual way according accord-ing to law Rogers Paid the Judgments But there was no sale Mr Rogers I was there to prevent It He and Attorney At-torney Luke for the plaintiffs figured out the amount necessary to satisfy tho judgment Interest and costs 9960 The attorney for the defendant gave his personal check for that amount which released the judgment Then he gave his check for J26 to free the necklace neck-lace from atachment In the suit brought igalnst Miss Stromberg by Dentist E A Tripp in Justice McMasters court and this case was dismissed Thereupon Justice Pardee gave the necklace to Miss Stromberg She looked et 1 in an unconcerjied manner and placing it in the case left with Attorney At-torney Rogers Mr Rogers stated subsequently that Miss Stromberg paid him the amount needed to release the judgments and I that he had had no dealings with the Stromberg syndicate I To date the necklace has cost the syndicate provided i furnished Miss Stromberg with the money to settle the case yesterday a total of S142SS5 I Its value according to Attorney Luke who has inquired Is about 350 Such being the case it has cost the syndicate 107SS5 to declare its opinIon opin-Ion that MissStromberg is the most popular woman in Salt Lake pOlllar A the opinion Is most vigorously opposed the away 107885 seems to have been thrown I |