Page:North Dakota Reports (vol. 1).pdf/354

 avowed object was to show that respondent was in impecunious circumstances, and without good credit. Respondent’s husband had testified to an express warranty of the wheat. This, appellant had denied. It was sought to show respondent's financial standing, and base thereon an argument that appellant would not be so anxious to sell wheat on time to a person without credit as to warrant its quality, for the purpose of inducing a sale when wheat wasa cash article. But it stood uncontradicted that appellant had sold the wheat to respondent at a price much higher than the cash value of the wheat in market, and had taken security for the purchase price. Under these circumstances we think the evidence sought to be‘ introduced entirely incompetent.

Another witness for appellant, who had been engaged in farming for many years, was asked this question: “Did you ever hear of any farmer asking another to guaranty to him the quality of wheat?” An objection to the question was sustained, and we think rightfully so. The competency of the question is not apparent, and the record does not show that appellant stated for what purpose he asked it, or what he proposed to prove. In the absence of such showing, we cannot presume error. Mordhorst v. Telephone Co., (Neb.) 44 N. W. Rep. 469. The remaining assignments of error are entirely within the foregoing rule. We find nothing in the record that requires a reversal of the judgment below, and it is accordingly affirmed. All concur.