Page:North Dakota Reports (vol. 2).pdf/559



Construed—Right of Action Thereon.

1. Agreement set forth in opinion construed, and held not to warrant an action thereon by plaintiff, who was not a pay thereto, the agreement not being made for the benefit of plaintiff; , J., dissenting. Parlin v. Hall, 473.

2. Held, further, that it did not constitute a letter of credit;, J., dissenting. Id.

In General.

1. No motion for a new trial was made in the court below, but the rulings complained of were preserved by a bill of exceptions incorporated with the judgment record. On appeal from a judgment this court will review alleged “errors of law occurring at the trial,” and properly appearing upon the record, without a motion for a new trial in the court below. Sandford v. Duluth & Dakota Elevator Co., 6.

2. Where a trial court improperly refuses to direct a verdict at the close of the testimony, or to give a request in the charge to the jury, such improper refusals constitute ‘‘errors of law occurring at the trial.” The remedy for such errors by motion for a new trial is not exclusive, but is concurrent with that of appeal from the judgment. Id.