Page:North Dakota Reports (vol. 3).pdf/377

 to get money for orders here at that time. Mr. Beckman told me that money could be realized on bonds. All I stated was what Mr. Beckman told me. Don’t know as I gave Mr. Beckman as my authority at that meeting.” Defendant rests. Gustave Papen- fuss recalled on behalf the plaintiff: “I was present at the school meeting in Prairie school township when the proposition of issuing the bonds in question in this suit was brought up. Mr. Haseleu was present. He stated about issuing bonds. He just spoke like this: ‘We have spoken to Mr. Ingersoll, and we can get 95 cents, and it is a better way to issue bonds.’ Cross-examination: He said, ‘We.’"

We think there is no substantial conflict in the evidence upon any feature of the case which is at all material. The facts may be ‘condensed as follows: After the bonds were voted, the school board, consisting wholly of the defendants, caused the bonds to be filled out in favor of C. T. Ingersoll; and after they were properly registered the bonds were conveyed to the bank of Grand Rapids,—all of the defendants going to the bank together, —and the bonds were then and there delivered to the cashier of the bank, who gave to Haseleu the receipt above set out. On the occasion of the delivery of the bonds to the bank no conversation whatever was had between the cashier and the defendants, or either of them, as to what disposition should be made of the bonds; and it distinctly appears by the undisputed evidence that defendant Haseleu had never at any previous time seen Ingersoll, or had at any time sold or attempted to sell or negotiate a sale of the bonds. It appears by evidence offered on both sides that previous to the voting of the bonds some arrangement had been made with Ingersoll whereby the bonds were to be so disposed of that they should yield $950 net to the school township. The details of such arrangement do not appear in evidence, but all the circumstances of the transaction demonstrate the fact that the bonds were delivered to the cashier of the bank pursuant to such previous arrangement. There were two acts done by the

N. D. R.—22.