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Rh of the buyer, may be recovered by the vendee of the article in an action to recover damages for breach of warranty.

6. Evidence that a release of warranties was obtained by fraud and misrepresentation is admissible as tending to show that the instrument never had legal existence.

Appeal from the District Court of Morton County, North Dakota, Hon. H. L. Berry, J.

Opinion of the Court by Johnson, J.

REMANDED FOR FURTHER PROCEEDINGS.

Lawrence, Murphy & Niles, Fargo, N. Dak., Attorneys for Appellant.

Norton & Kelsch, Mandan, N. Dak., Attorneys for Respondent.

1. A statute providing a new mode of filling an office by appointment repeals by implication prior laws fixing a different mode.

2. In this case, it is held that Chapter 256, Laws 1913 which provides that at the annual meeting on the second Tuesday of July in each year the board of education of a special school district "shall appoint a clerk and a treasurer, not of their own number, who shall hold their offices during the pleasure of the board" operates as a repeal of Section 147, Chapter 266, Laws 1911, which provides: "The treasurer of any city, town or village comprising a special district shall be the treasurer of the board of education thereof; provided, however, should the said special school district have within its boundaries and be comprised partly of territory without the limits of said city, town or village, then the said special school district shall elect, at its regular elections, a treasurer in the manner provided by law for the election of school district treasurer."

Appeal from the district court of Towner County, Buttz, J.

Plaintiff appeals from a judgment dismissing his application for a writ of mandamus.

AFFIRMED.

Opinion of the Court by Christianson, J.

Cuthbert & Adamson, of Devils Lake, N. D., for appellant.

Chas H. Houska, of Cando, N. D., Newton, Dullam & Young, of Bismarck, N. D. (Ofof [sic] counsel), for respondents.