Page:North Dakota Reports (vol. 3).pdf/460

 stacker out. Mr. Worden came out. The day he came out, we did not thresh any of any account. Our engine did not work right. So we did not give the machine a trial, and he promised to come back. He came back once, and did some little fixing about it,—showed me some points. Q. What led up to your taking the straw stacker? What was the understanding? Say whether you bought it outright, or what you were to do with it,— take it out and try it? By the court: Just state the transaction had between you and Mr. Worden at the time you took the straw stacker out, or the substance of it. A. Well, at the time he came out to try the stacker, and put her in running order. At the time the machine did not work right, and he promised to come back, and get her rigged out and in running order. My recollection of the conversation is that I was to take it out and try it, and if she proved to do good work,—to carry the straw off our separator,—and to be made of good material, I was to keep her. If not, I was to return her. This was somewhere near the 1st of September. I took the straw stacker out. It did not work very good the first day. Mr. Worden was there when it started. Q. Did he make it work good before he went away? A. No. We run her for awhile.” On cross-examiination, Corrigan’s testimony as to taking possession of the machine is as follows: “It was about the Ist of September that I got the stacker. I signed the written order for it some little time before that. I don’t know exactly how many days I used the stacker that fall. Threshed some jobs with it. I used it some the next fall. Threshed some jobs with it. One job we did not finish, I know. Started on that, and she collapsed,—had a break up. I never took the machine back, but offered to take it back somewhere about the 10th or 15th of September, I think. I don’t think that I took the machine out. Had some talk with Mr. Worden in regard to the machine being delivered. He did not ask me to pay for it in advance. Q. Did he ask you to give some notes in settlement? A. Yes, I signed some notes. I did it on condition that he was to make everything work right.” Corrigan further testified as follows: “Q. What