The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-02-08
Supreme Court
Decisions
From Grand Forks County.

HEUAM NE@A0 E0MAAM GW4AEWa
c. J. Kopan, plaintiff and appellant,
VS.. Minneapolis Threshing Machine
Co., q corporation. defendant and re-
spondent
syIlabusI
1. Where one, q foreign corpora
ton, a threshing machine company,
with its principal place Of business
at Hopkins, Mimi, and does business
in other states, and has certain OF
other states arranged into particular
territory in which there 10 maintained
head office, in which there Is a gen
eral manager, such as a territory
comprising part OF North Dakota
Minnesota and Montana, with head
ONCE at Grand Forks, North Dako-
Ia, and II appears that the authority
and power of the manager in the head
ONCE In such territory extends to and
includes the making Of contracts with
the local agents in his territory for
the sale OF defendants machinery,
subject to the approval Of the COM
pany, and further, the authority and
power to sell from the head office
the machinery Of the company, the
defendant in this case, such general
authority to sell such machinery, un-
authority to do everything necessary
proper and useful In the ordinary
course Of business for effscting the
purpose OF his agency.
2. Under the circumstances Of this
case, II was error to grant the re-
quest and motion Of the respondent
when both sides had rested, for a.
peremptory instruction to the jury,
and for a directed verdict on behalf
Of the defendant, there being ques-
tions of fact involved in the case
which should have been submitted to
the jury and their verdict thereon.
Appeal from the judgment and Or
der Of the district court Of Grand
Forks county; Chas. M. Cooley, J.
Opinion Of the court by Grace, J..
Christianson and Robinson, JJ.I
concur in the result.
From BurIeigh County.
Gilbert Manufacturing Co, a cor
plaintiff and respondent, VS..
Willis Bryan defendant and appel
liant.
l. Where a written contract is full
and complete as to all of the terms
contract are plain and specific and set
forth fully the subject matter Of the
contract, and such written contract
covers the subject matter Of the con-
tract fully so as. to be a complete
contract, oral testimony ts inadmissi-
BILE to show a prior parole agree
mont entered into between the par
ties prior to the time of the execu-
ton OF the written contract.
2. Where a written contract Is not
and whore IL does not cover
the whole subject matter Of the con-
tract, where there is q part Of the
subject matter Of the contract not
in the written agree
nent, oral testimony is admissible to
establish such part as is not included
IN the written agreement, or Il the
is partly written and partly
verbal, that part which is verbal may
pc proved by oral testimony, but inso-
Tar as the written contract covers
and treats Of the subject matter and
sets forth the covenants entered into
md terms agreed upon, such written
contract and the terms thereof can
not be varied by the Introduction OF
'ral testimony. WI
8. Written contracts supersede oral
negotiations and prior parole agree
nents so far as the subject matter
u the contract is covered and includ-
ID within such written contract.
I. Where written contract is
inferred into between the parties
Which substantially covers all the
ubject matter OF the contract, and
me Of the parties in resisting the |
eBal effect of such written agree
nent undertakes to set up a prior |
oral agreement In |
ne absence OF fraud, delusion, or |
alse representations which induced |
he signing Of the contract, or unless |
he contract was signed by mutual |
Mistake Of law Of both Of the parties |
r a Interpretation of the law by |
ne party Of which the other party |
vas aware at the time Of the making |
4 the contract, which was not recti- |
ed, the written contract will be Civ
n effect, and oral testimony Is not |
to vary its terms or the /
meaning thereof
Appeal from the judgment Of the
tstrict court Of Burleigh county, and !
rom an order overruling a motion
or new trial Hon. w. L Nuessle,
ldge.
Affirmed.
Opinion Of the court by Grace, ].
Chrtstianson J., concurs in result |
Robinson, j., concurring specially. |