The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-11

j.
Lars Evenson and Emil Evenson. re-
spondents, VS.. Keystone Manufacturing
Company, appellant.
l. A contract, in which it was provided
that II certain machine for and on
Which notes were given and freight
charges paid. did not and could not be
made to fill the warranty therein con-
tanned 1t was to be returned to the place
where received and another machine sub
stituted- therefor, or the money and
notes" returned, construed. Held that
the amount paid for freight charges
could be recovered, in addition to the
amount of the notes, in case of a breach
OF the warranty and a failure to sub
Stltute another machine.
T. Held, that upon the pleadings the
amount paid as freight charges was not
in issue and, therefore, no proof of such
amount was necessary
8 At the trail the evidence was sufF1-
Gent to Justify a finding that the ma
chine failed to fulfill the warranty It
was shown that the machine was return
ed to the place of delivery and there re
ceived by the defendants agent The de-
PENDANT failed to substitute a new ma
f tfI or to return the notes, or to pay
the amount of the freight charges within
a reasonable time and, at least implied
~, refused to do either. Held, that n
demand for the return of the notes and
the payment of the money was unneces-
sary. Held, further. that plaintiffs were
entitled to recover the amount of a note
which had matured in defendants pos
ton.
A. Held, that the evidence was sufficient
TO warrant the jury in finding that there
was breach OF the conditions of the
warranty contained in the contract
s. Certain rulings of the court below as
to the admission of testimony considered
and disposed Of.
Order affirmed Collins 7
State of Minnesota ex rel David Webb
respondent, VS.. Ole A. Stratte, appel
A person elected to the office of clerk
of common school district is required
y the provisions of c. S. 1894, sec.
1850, to file written acceptance IF tba
Office within ten days after his election ion
and notice thereof, but he need not take
ana file his oath of Office within said ten
day period.
1t is sufficient if he takes and files such
oath within reasonable time after his
eleGtlon, when M, action has been taken
looklng toward i-iling the office by the
appointment or election of another per
son. Order affirmed. Collins. ].
Jay Lowe, respondent, vs.. William Lowe
Ct al, defendants; Flora Johnson, ap-
The construction given to G. S. 1891,
sec. $3.50, In Grtswold vs. Edison. 80 MINI
4S6, that upon the trial of an action the
parties thereto or persons Interested in
tie event thereof are inconbetent ~
prove conversations with, or admissions
or, any deceased or insane person wheth-
er party to the litigation or not. rel
alive to any matter at issue between The
litiga 41 adhered to and the rule applied.
z Under the provisions of G. S. 1891.
sec. 55S2, wife cannot convey her real
property, except by consent of her hus-
band Except as to certain Instruments
her conveyance or contract is invalid
unless the husband joins therein There
fore, the. interest and right which he
ACQUIRES mir or has in real estate belonging
recuniary. For that reason he is not a
competent witness in an action in which
his wife is a party as to Conversations
with, or admissions by, deceased per-
sep.
8. Certain rulings of the trial court
upon the admission. or exclusion of evil
dence considered. Helt, that the court
ruled correctly.
4. Conceding that the testimony in this
case was sufficient, as to part perform
ance of an oral contract to convey land
to satisfy the statute of frauds, it is
held that It was entirely insufficient to
show that there was any such agreement
entered into between the appellant and
certain persons deceased at the time Of
the trial. Order affirmed.
Y Collins. }.