Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-09
Supreme Court

in the Supreme Court, October 1912,
Term.
S. N. Putnam, Appellant, VS.. A. Is.
Prouty, Respondent. .sl"Y
l.. Plaintiff and defendant entered into
turned over to the latter certain farm.
ing lands, stock and m%achiney IN Eddy
county under an arrangement by which
defendant was to farm the land and feed
and care for the stock ut his WI cx-
pense for u period Of three years for a
certain portion of the crops and Of the
stock and Increase thereof. Plaintiff
also therein agreed to sell tU. defendant
five horses, two coils and certain farm
machinery for the sum Of $500, Onc-third
to be payable each fan thereafter, but
the title to such property was reserved
in plaintiff as security for the payment
of such purchase price as we'll as Sc
curity for defendants faithful performs
ance of all the conditions Of such con-
tract. ~ IA a At r I.
In April, 1907, plaintiff commenced this
action in claim ald delivery to recover
the possession of all the personal prop
erty which he thus agreed to sell to de-
PENDANT, and also certain other stock,
grain and hay, basIng his right to the
possession thereof upon defendants al
legged failure to fulfil the terms of the
contract, either to properly feed and
care for said stock, or to pay for the
horses, colts and machinery as he agreed
to do. At the trial defendant was per-
mitted, over plaintiffs objection, to show
q parole stipulation by plaintiff, at the
time the written contract was made, to
the effect that he would furnish certain
buildings for housing such stock, and a
breach thereof. . .s..r. .is.
Held, That such proof was competent.
2. The stipulation In the written con-
tract that defendant shall feed and care
for said stock at his Own expense" con-
strued and held, under the circumstan-
ces, not tended to cover the subject
of providing buildings for housing such
stock n that the proof Of the parol
stipulation on plaintiffs part to furnish
buildings for such purpose In no manner
tended to change. contradict or vary the
terms Of the written contract. The gen.
eraly rule as prescribed in Section 1888,
II. u. 1cVOD lIoL III CACSAIlOil VI d IA
tract in writing, whether the law re-
.quires 1t to be written or not, SUPER
scades all the oral negotiations or stipu-
Iations concerning it's matter which pre-
ccded or accompanied the execution of
the instrument" does not preclude proof
Of the existence Of any separate oral
stipulation or agreement as 70 any mat
ter on which the written contract Is ST.
lent, and which Is not inconsistent with
Its terms, II from tho circumstances Of
tho casc the court infers that the parties
did not intend the document 10 be a
complete and final statement Of the
whole Of tile transaction between them.
3. The instructions of the court to the
jury Examined mi Held, Insufficient for
the rcason that they wholly fail to in
Striict as to the law OF the case in any
essential particular, and such ~instruc-
tons were also prejudicial on the ground
that they were well calculated to mislcad
Ind confuse the jury.
IA. While 1t Is not reversible error to
unit to instruct on some particular
point, but which point is covered in d
general way in the charge, In the alb
6enCe OIL u request 80 " NO., Stlli u ttUt8l
to instruct upon the essential
md, controlling issues, in controversy con-
prejidicial error.
(Syllabus by tile rGourt.)
Appeal from the district court Of Ed.
" county, Il. I. Burke, T., presiding at
lie trial and j. A. Coffey, j.. presiding
III the motion for new triar.
: Reversed and q new trial ordered.
Maddux & Rinker and s. u. Ellis.
vortl, for appellant.
j. "A. Manly and Knauf & Knauf for
,%espondent.
Opinion Of the court by fisk.gJ.
n the Supreme Court, October. 1912,
Term. iaB 9ss st
Northern Trust Co., al Corporation,
Respondent, VS.. The First National
Bank OF Buffalo, Appellant.
One NJ wax treasurer Of Cass county
Turing the years 1go7--1o, inclusive, and
he plaintiff furnished his official bond.
Ass county claimed Q shortage and sued
nd recovered judgment against this
for something over $1,000 detail