The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-15


cover damages for negligence must
state the act of negligence complained
OF and the plaintiff must recover, if
at all, upon the particular act of
negligence stated in the complaint.
2 Evidence examined and held to
be sufficient, under the rule hereto
fore established by this court, to re-
quire submission to the jury of the
question of defendants negligence as
alleged in the complaint.
3. 1t was properly a question for
the jury to say under all the evil
dence, whether or not plaintiff was
guilty of negligence contributing to
the injury complained of.
(Syllabus by the court.)
Appeal from the district court of
Eddy county; Hon. E. 7. Burke, Judge.
S. l.. Glaspell, for appellant.
Ball, Watson & Young, for respond
ent.
Judgment reversed and new trial
ordered.
Opinion by Fisk, J.
Charles A. Woodward, respondent
vs.. Emmett S. McCollum, appellant.
l. In an action to compel specific
performance Of a contract for the
purchase of real property, the vendee
defended upon the ground, among
others, that the vendor could not
transfer to him title free from rea-
sonable doubt in conformity to revised
codes 1899, section 5O32. Held, that
such defense was not established.
2. In one of the deeds in plant
IFS chain of title the grantor signed
his christian name merely by the
initials but the body of the deed set
forth his full christian as we'll as
surname. This was sufficient.
3. One deed in the chain of title
described the grantees as "Chauncey
c.. Frank E.. and Henry S. Wood
WORTH" This was sufficient to vest
a two-thirds interest in Chauncey C.
Woodwork and Frank E. Woodwork.
4. A deed from Henry S. Wood
worth was signed Harry" S. Wood
worth, although in the body of the
instrument the correct name was CIV
en-. Held, sufficient, the identity of
the person being apparent.
5. The vendee was bound to point
out the defects complained of in the
vendors title and by pointing out
specific defects, he waived those, if
any, not mentioned by him.
6. A mortgage appearing of record
against the property is held. for rea-
sons stated in the opinion, not to be
a cloud upon plaintiffs title.
z. Plaintiffs delay in furnishing
title to defendant was not under the
circumstances detailed in the opinion,
sufficient to relieve defendant of his
contract duty to accept and pay for
the property. Time was not made
the essence of the contract, and fur
Their. such delay was waived by de-
PENDANT.
8. A barn on the premises was de-
stroyed by fire after the contract for
deed was executed without the fault
of either party, and it is held that
this fact does not prevent specific per-
Torrance of the contract as the loss
must be borne by the vendee, he be-
ing the beneficial owner in equity of
the property.
(Syllabus by the court.)
Appeal from the district court of
Morton county: Hon. w. H. Winches-
ter. judge.
s. L.. Nuchols, for appellant; Thai
l.. Fuller of counsel.
w. H. Stutsman, for respondent.
Judgment affirmed.
Opinion by Fisk, ].
E. f. Cook. respondent VS.. S. Nj.
Lockerby, appellant
l. An affidavit Of publication of
notice of sale. in proceedings to fore-
close real estate mortgage, which
recites that such notice was published
seven successive times, commencing
on July 18th. 1885. and ending on
Aug. 2Sth. 1855, both conclusive, in
the Lisbon Star, a weekly newspa-
per-" is sufficient proof that it was
published once in each week for six
successive weeks as required by
Comp. laws. section 5415.
2. The mortgages in such mort
gage We're designated under their firm
name of Cook & Dodge, and notwith-
standing this fact. statutory fore
closure thereof is sustained.
(Syllabus by the court.)
Appeal from the district court of
Barnes county; Hon. s. l.. Glaspell,
Judge.
Turner & Wright, for appellant.
John E. Greene, for respondent.
Judgment affirmed.
Opinion by Fisk, J.
II would like to invite you to my
dinner tonight" said a man to a
friend today. "but you would make
the thirteenth guest
A postage stamp Irritation never has
any effect on anyone but the mail