The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-02-23
B. MACMILLAN TELLS OF
EXPEDITIONS WORK IN LABRADOR

!; WORK IN LABRADOR
stock in the Pan Motor company in
1920 and gave Asplund written
promise to take the stock back on ;
given date if Asplund were not sat
isficd with the deal. lie made a
similar promise, verbally, to anoth-
CIR Burleigh county purchaser.
Each Of he new stockholders de-
cided they ha,. made bad deal and
| applied to Danielson for the money
which he had promised to pay them
for the stock if they became dis
satisfied. He refused.
The lower court held that he was
legally obliged to take back both
shares Of stock. The supreme
court, however, held that the obli-
cation CT the written promise vas
| nullified because q date had been
specified on which Asplund was to
make such application and the re-
quest for return Of his money was
made after that date.
With respect to the verbal prom
Use, however, the court held that
Danielson had obligated himself in
definitely and that the second man
had applied for a refund within a
reasonable time. The second pur-
| chaser assigned his claim to Asp
lund so that the latter collected one
half of the money which he claimed
was due.
Holding that an order for the
payment Of money isn't money it.
self, the supreme court has affirmed
the Wells county district court in
the case Of John and Albert Buscl,
VS.. James Manahan and George c.
Lambert. receivers for the Equity
Cooperative Exchange. The case
was appealed by the defendants.
The Busch Brothers sold grain to
local elevator and received in pay
mcnt for the grain a draft which,
however, was not honorcd upon
presentation.
The court said the claw im-ies
that an indcb cdness for purchase
money is payable in money in the
absence Of any agreement to the
| contrary" and that ''in case the
| draft is not honored upon prescn-
tation the original Indebtedness for
which the draft was given is not
| discharged. and the vendor may re-
cover on the original debt the same
as though the draft had never been
given"
| In the Supr, ME Court, Safe Of
North Dakota.
Gertrude Chezih, Plaintiff and APP
| pellant,
vs..
Minneapolis. st. Paul e. Sault Ste.
Marie Railway Company, Defend
ant and Respondent.
CD A party requesting the CIV
ing Of an instruction to the jury on
the theory that it is the duty of the
jury under the evidence to determine
certain questions Of fact, will rot be
heard later to complain that such
questions should have been deter
mined by the court.
ca Where an expert witness
bases an opinion in whole or in part
upon Il certain authoritative work,
it is permissible, in cross cxamina-
ton, to draw his attention to cx-
pressions Of tho particular author
ity, not for the purpose of using the
extracts as contrary evidence, but
to assist the jury in weighing the
testimony Of the expert. Estate v.
Brunett, 2S N. d. $50, $50 N. w.
27l.)
Appeal from the District Court of
Burke County, Hon. John C. Lowe,
Judge.
Affirmed.
Opinion Of the court by Birdzell. J..
| +. r. Sinkler and G. O. Brckke,
Minot, N. Oak, Attorneys for APP
pellant.
John f. Palmer, Minneapolis,
Mimi, 3. l.. Wilson, Bowbells, N.
Oak, and McGec e. Goss, Minot, N.
Dak., Attorneys for Respondent.
Park District of the City Of Ender-
lin, municipal corporation,
Plaintiff, Appellant and Respond
Cnt,
Michael Zcch, ct al, Defendants,
Michael Zcck, Defendant, Re-
spondant and Appellant.
l. Assuming without deciding,
that park district is a municipal
corporation, the proviso to SUBJ
division Of section 1905 supple
ment to c. l.. 1913, does not apply
to municipal corporation until aft
ed Judgment is entered on the ver-
dict Of the jury on the order Of the
court.
?. There is no element of con-
tract in all eminent domain pro-
ceeding, and the effect Of such pro-
ceeding is to fix the price at which
the party condemning can take the
property and after verdict he may
abandon and dismiss the proceeding,
and is liable for the statutory costs
only.
Appeal from District Court Of
Ransom County, Hon. Gcor. Mcken-
ma. Judge.
Reversed.
Opinion Of the court by Burke, J.
Messrs. Kvello, Adams & Rourke,
Lisbon. North Dakota, Attorneys
for Plaintiff, Appellant and Re-
spondent.