Page:North Dakota Reports (vol. 44).pdf/16

 ==== CASES ====

NORTH DAKOTA
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M.F. LEROY, Respondent, v. ANTON E. HAGEN, Appellant.
(175 N. W. 718.)

Principal and agent –– authority of agent to waive provisions of guaranty contract. 1. An agent possessing general authority from his principal to act as manager in the sale, trade, and exchange of stallions under guaranty contracts, may waive the provisions thereof when possessed of such authority, even though there is a stipulation contained in such guaranty contract providing that salesman are forbidden, in any way, to change the printed form of the guaranty.

Principal and agent –– sale –– where horse is warranted with right to return same under written contrast, the question of the failure of horse to comply with warranty and authority of agent is for the jury. 2. In an action on promissory notes given for the purchase price of a stallion, where a guaranty contract provided that the stallion should be serviceable and a 50 per cent foal getter, after fair trial on sure breeding mares, with the right of the purchaser to return the stallion and receive another horse of equal value that is supposed to be sure, provided such stallion was handled carefully, returned in a proper condition, and reports made monthly of the service of such stallion; and contained the specific provision that salesmen are forbidden, in any way, to change the printed form of the

44 N. D.––1