Page:North Dakota Reports (vol. 3).pdf/459

 In support of its complaint, the plaintiff put in evidence the deposition of W. E. Worden, who after stating that he resided at Lisbon, at the time in question, testified as follows: “Q. State whether you had, during the summer of 1888, any business transactions with the defendants, Corrigan & Maddox. A. I did. Q. State whether you had such a transaction with reference to what is called the ‘New Reeves Patent Straw Stacker.’ A. I did. Q. What relation at that time, and in that transaction, did you bear to Reeves & Co., the plaintiff in this action? A. I was agent for them. Q. For the sale of their manufactures at that place? A. Yes, sir. Q. What transaction did you have with defendants, Corrigan & Maddox? A. I sold them a machine. Q. What machine? A. I sold them a Reeves stacker. Q. Known as the ‘Reeves Patent Straw Stacker?’ A. Known as ‘Reeves Stacker.’ Q. State whether or not you had a written order from the defendants for the purchase of such a stacker. A. I did. [Here the order above set out was put in evidence without objection.) Q. State whether or not, upon this written order, Exhibit A, you delivered to the defendants the machine in question. A. I did. Q. State whether or not you sold this machine to the defendants, or whether the machine was to be tried by them, and purchased by them, at their option, after trial. A. I sold them the machine, guaranteed material and workmanship, to be returned in case it did not fill the guaranty. Q. Did they ever return it? A. They never tendered it back, to my knowledge. They never returned it. Q. Was it upon any other condition than that stated in the written order, Exhibit A, that you delivered the machine in question to the defendants? A. I do not remember any other condition. Q. State whether or not it was in fulfillment of this written order that you so delivered the machine to them. A. Certainly.”

In support of the defense, the defendant Corrigan testified as follows: “Q. I will ask you to state just what that transaction was. A. Mr. Worden insisted on me, quite a while, to buy a Reeves stacker to attach to my threshing outfit. I gave him an order, after quite a while, and a short time after I took a straw