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

and as Kolb could not have been
compelled to specifically reform to
Ugland, neither should Ugland be
compelled to perform to Kolb. Also
that the contract could not be spe'
officially performed until redeemed
from Brennan. Kolb having no in
terest In the contract or land the
trial court proberly quieted the title
as against him.
Brennan and Ugland, having made
no appeal, are also precluded by the
judgment.
(Syllabus by the court)
Appeal from the district court Of
Ramsey county, Cowan, J.
Affirmed.
Middaugh & Cuthbert for appel
ant.
John J. Sampson and G. J. Samp-
son, for respondent.
Opinion by Burke, j., Fisk, J. dis
SCENTS.
Oscar Swanson, plaintiff and respon-
dent. vs.. Schmidt Gulack Eleva'
tor Co., A Corporation, defendant
and appellant
1. Contract for employment be-
tween defendant and third party
construed with the evidence of per-
Torrance Of the work covered there
by, and HELD, not to constitute such
third party an Independent contrac-
tor
2. Evidence held sufficient to es-
tablish relation of master and SER
van+ to exist az b,tween defendant
and plaintiff.
3. Where defendants managing
officer assumed TO direct the method
and scheme Of construction of sup
ports to a scaffold or platform neces-
sarily to be used in the work, and
forbade the use of another kind OF
support about to be used for such
scaffold, supplanting thereby the judy
ment of servants by his own in such
respect he is bound to know that the
platform is supported in a reasonably
safe manner for employees working
thereon; and the negligence of such
officer, q vice-principal of defendant,
is the negligence of the defendant for
which it is liable in damages. !
4. Where a design of scaffolding
is thus by the master imposed upon
employees for their use, the same duty
rests upon the master to know that
the design is safe one as rests up
on the master to furnish suitable and
not defective material for employees
use.
5. Assignments of error as to ad-
mission of expert testimony and
courts instructions to jury examined.
(Syllabus by the court.)
Appeal from the district court Of
McHenry county, Burr, J.
Affirmed. q
Opinion by Goss, !.
Palda Aaker & Greene, for appel
liant.
B. B. Lambert, for respondent.
Meyer Lumber Co. (Corporation)
Plaintiff and Appellant. VS.. Peter
Trygstad, ct al. Defendant and
Respondents.
l. Evidence examined and shows
tudL LuC ucIclluduIS SAuu 1OHp
kins were the owners of adjoining
lots in the city of Minot, N. D., that
in August, 1907, F. decided to build
a three story brick building upon his
lot. and advertised for bids and let
the contract for the same. Some
time thereafter T. decided to build
upon his lot and consulted the con-
tractor and architect already en-
ployed by F.. and ntered into a con-
trtct with the contractor to build a
three story building upon his lot;
such building, however, to be only one
third the size of F.'s building in other |
respects. The contractor bought the |
material for both buildings from |
plaintiff, but there Is evidence Of
separate estimates so that plaintiff
could have kept separate bills. Plain.
tit gave notice by registered letter,
as required by Sec. 6237. r. G. 1905,
to each lot owner to the effect that
his building and lot would be held
for the material used. Later plain