Page:North Dakota Reports (vol. 1).pdf/570

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An action at law will not lie in favor of one partner, against his co-partner, to recover the profits made by the latter on sale of property formerly belonging to the firm, not procured to be transferred by defendant from the firm to himself, through a third person, and afterwards by him sold at an advance, no settlement of the partnership accounts and transactions having been had. Devore v. Woodruff, 143.

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Where the complaint omitted to allege due care on the part of the plaintiff, and defendant’s counsel objected to the introduction of an evidence in support of the complaint for that reason, claiming that such omission was fatal, and that the complaint did not state a cause of action by reason of such omission, and that the trial court overruled the objection, held, that such ruling was not error. Gram v. N. P. R. R. Co., 252.

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Where parties stipulate that pleadings may be amended to conform to the evidence, such amendment should be made before appeal is taken to supreme court. ''Farrington v. N. E. Inv. Co., 102''.

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Meaning of term as used in state constitution. State v. Nelson Co., 88.