Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-02-01

lots and buildings HELD.
2. That the contracts were separate
and distinct and that the joint Lien
filed against both premises is void.
(Syllabus by the court.)
Appeal from the district court OF
Ward county, Burr, ]
Affirmed
Thomas & Schulz and Engerud,
Holt & Frame for appellant.
D. C. Greenleaf, E. R. Sinkler, John
son & Nestos for respondent.
Opinion by Burke, J. Mr.. Justice
Goss. being disqualified, did not par
ticipate.
w. H. Needham, Plaintiff and Res
pondent VS.. H. S. Halvorson &
Co., Defendar and Appellant.
/. In an action on the contract to
recover for the breach of a warranty
in a sale of glandered horses, with
knowledge that sue horses are to be
mingled with others, damages may
b recovered both for the loss OF the
horses originally sold and purchased
and of others with which they have
been mingled, and to which the nave
communicated the disease, and also
for the reasonable expense OF caring
for such animals, of burying the same
and of fumigating and disinfectlng
the premises.
2. Similar damages may also be
recovered in an act Of tort when
is based upon the theory of a false
and fraudulent sale and warranty
with knowledge Of the existence OF
the disease, and are deemed proxl-
mate.
8. Such damages may include
compensation for the hire of men and
the value of the use of the time OF
the farmer or purchaser in caring
for and burying such lorses and dis
injecting his premises, and the reason.
able cost Of medicines and drugs and
veterinary attendance. They will not
however, include damages for the
loss of the teams which it is claimed
might otherwise have been used by
the men so employed in caring for
the animals. or for possible breaking
and blowing which might possibly have
been done by such farmer If he had
not been so employed in caring for
his horses. nor for the loss OF crops
which might have been grown upon
Land which he might have plowed anu
seeded If not so occupied. Sucn
damages are neither proximate so as
to be recoverable in tort action
nor can they be deemed to have With
in the contemplation OF the parties
at the time OF the making OF the con-
tract, so as to be recoverable IN an
action for the breach OF the warranty
Syllabus by tie oourt.)
Appealed from the district court or
Barnes county, Burke, J.
Action for damages caused by the
sale of glandered horses.
Verdict and judgment for the
plaintiff. Defendant appeals. 4,
Affirmed on conditions. !;
L. N. Miller and v. r. Lowell, for
appellant. !;
Lee Combs, for respondent.
Opinion by Bruce, j., Mr.. Justice
Burke, being disqualified did not par
ticipa6e in the decision.
In the Supreme Court, State Of
North Dakota, October Term, 1911.
ush.McWilliams Company
A Corporation
Plaintiff and Appellant.
vs..
Defendant and Respondent.
Anil p. Gludt,
HELD that under the facts Of the
case there was no meeting of the
minds so as to effect modification
of a real estate contract.
(Syllabus by the court.)
Appeal from the district court OF
Ward county, Burke, J.
Action to recover commissions al
legged to be due on a real-estate trans
action. Verdict and judgment for
the defendant. Plaintiff appeals.
Affirmed.
Thompson & Schulz, attorneys for
appellant.
Palda Aaker & Greene, attorneys
for respondent.
Opinion by Bruce, J. Mr.. Justice
Burke, being disqualified. did not
participate.