Page:North Dakota Reports (vol. 3).pdf/458

 and no one has any authority to add to, abridge, or change it in any other manner: That it is well made, of good materials, and with proper management it is capable of doing first-class work; that the purchaser shall have one day to give it a fair trial, and, if it should not work well, written or personal notice, stating wherein it fails, is to be given to the agent from whom it is received, and reasonable time allowed to get to it, and remedy defects, if any, (the purchaser rendering necessary and friendly assistance,) when, if it cannot be made to do good work, a reasonable time shall be allowed to get a man from the house; and, if the stacker cannot be made to do good work then, it shall be returned to the place where received, and a new stacker given in its place, which shall fill the warranty, or the notes and money will be refunded; which, when done, shall be the settlement of the whole transaction. Continued use of the stacker for more than one day shall be evidence that the warranty is fulfilled. Order taken by Worden & Rickford, P. O., Lisbon, D. T. Corrigan & Maddox.” Pursuant to said order, the plaintiff, in due time forwarded a Reeves straw stacker to their said agents at Lisbon, and the latter delivered the same to the defendants at Lisbon, and defendants removed the same, and operated it at least one season, 7. ¢. in 1888, and a part of the next season. The straw stacker has never been returned, and at the time of the trial, which occurred in December, 1891, it was in defendants’ possession. At the time of the delivery of the stacker, two promissory notes were executed and delivered to Worden & Rickford, payable to the plaintiff's order, for the sums stated in the order, and by their terms the notes fell due at the times mentioned in the order. A chattel mortgage was also given to secure the notes. The notes and mortgage were signed by the defendant Corrigan only, and for some reason, not explained in the record, were not signed by defendant Maddox. The action is not upon the notes, but they and the mortgage were put in evidence, without objection, as tending to support the plaintiff's allegation of a sale and delivery of the stacker to the defendants as alleged in the complaint.