Page:North Dakota Reports (vol. 3).pdf/456

 force, could not lawfully enter into an oral arrangement with plaintiff's agents, the terms of which are wholly inconsistant with those stipulated in the writing.

Verdict not Justified by the Evidence.

After an examination of the evidence, held, further, that the verdict returned was not justified by the evidence.

Appeal from District Court, Ransom County; Lauder, J.

Action by Reeves & Co., a corporation, against William Corrigan and Eugene Maddox. Defendants had judgment, and, from an order denying a new trial, plaintiff appeals.

Reversed.

L. W. Gammons and Steele & Rees, for appellant.

Rourke & Allen, for respondents.

, J. This action is brought to recover $200 and interest as the alleged purchase price of an implement called a “Reeves Patent Straw Stacker,” which the complaint charges was sold by the plaintiff, a corporation, to defendants, at Lisbon, D. T., on September 21, 1888, for the agreed price of $200, to be paid in installments of $100 cach, in November, 1888, and in November, 1889. Defendant Maddox, the partner of Corrigan, was not served with the summons, and never appeared in the action. Defendant Corrigan answered the complaint separately, and denied that the defendants, either jointly or severally, or in any manner, ever bought the straw stacker of the plaintiff, and further answered, in substance, as follows: That at the time stated in the complaint the defendants, who were partners in a threshing outfit, were induced by the plaintiff, through its agents at Lisbon, D. T., to take the straw stacker in question on trial, and defendants did take the same for trial only; that the agreement was that these defendants should try the stacker, and if it should do good work, and give them full and entire satisfaction, that the defendants might then at their own option, purchase the stacker, or not, but, if they chose to purchase it, that it could then be purchased at the price stated in the complaint; that defendants tried the stacker, and found it defective, and that it did not do good