The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-03-04
Supreme Court
Decisions

!. From Ward County
III. o. Dalen, plaintiff and appellant
VS.. N. ]. Coddington, defendant ant
! respondent.
1 Syllabus:
/. Where a witness testiies to
4 conclusion relative to a certain SUD
ject matter and in his testimony ais,
| testifes to the facts relative to the
1 subject matter, the admission and evil
/ dence OF the conclusion of the witness
/ over objection, IL error, is error with
| out prejudice and is harmless.
| 2. Where an attorney dictated al
| afidavit upon information received by
him from his client and in debating
| the affidaYit caused to be inserted a
wrong date. II is proper to prove such
clerical error either by the stenogra-
pher after laying proper foundation
for her testimony, or by the attorney
who dictated the affidavit IL he is able
to testify of its own knowledge to the
fact.
g. Where one party in the trial of
the case introduces parts of the tes-
timony given by a witness on a for
mer trial with reference to parts OF
the subject matter of the litigation.
the opposing party has the right TO
introduce the balance Of the testi-
mony given upon such former trial
by such witness insofar as it relates
to all the subject matter concerning
which the flrst party introduced
portion of the testimony. Held that
appellant has not brought himself
Appeal from the Judgment of the
district court Of Ward county; Hon.
X. e. Leighton, judge.
Affirmed.
Opinion Of the court by Grace, J.
Christianson and Robinson. JJ.'
r. B. Lambert, Minot, and F. ]. Fay.
tie, McHenry, attorneys for the appel
liant; Palda q Aaker, Minot, and Il. I.
Burke, Bismarck, attorneys for re-
spondent.
From HettinEeF County.
Mrs. e. o. starks, plaintiff and re-
spondent, VS.. r. G. Springgate, de-
PENDANT and appellant.
Syllabus: Where the owner of prop
erty lists the same for sale with a
broker for a definite period OF time
upon specified terms, and definite
commission for making such sale by
such broker is specified, the owner
OF the property may during the period
tract sell the property through other
agents, but cannot do so and relieve
himself from liability to pay the
agent who had the property listed for
a certain time his commission as spe-
cited, where such agent, with no no
tice of any sale by another agent and
within the time, produces person,
ready, able and willing TO buy the
upon the terms stated In the
agency contract.
3. The instructions Of the court
examined, and held that II such in
contain any error such err
ror lis harmless.
Appeal from the district court OF
Hettinger county; Hon. w. g. Craw-
ford, Judge.
Affirmed
Opinion OF the court by Grace, J.
Birdzell, j., concurring specially.
Robinson, u, concurs In result only. i
Jacobsen e. Murray, Mott attorneys /
for respondent; W. III. Crane, Mott, at
.orney for appellant.
From RfehInmd County.
Martin Paulson, plaintiff and re-
lpondent, VS.. j. A. Reeds, defendant
md appellant.
Syllabus:
/. In an action by a broker to re-
cover a commission under an express
contract upon a sale Of real property
where It appears that the broker was
Unable to negotiate n sale according
% the terms of the listing agreement
previously made; and where the de-
endant entered into a less favorable
contract negotiated by the broker
With the understanding, as claimed
M the defendant, that the broker was
o make up the difference out of his
held, reversible error for
he court to instruct the jury that.
{ Ii should find that there was an
.greement between plaintiff and de-
endant as 70 commission, as alleged