Page:North Dakota Reports (vol. 48).pdf/356

 fendant later threshed and the percentage as stated in the notice of loss on the other. This was doubtless an argument to be used in considering defendant’s testimony. But it was for the trial court to pass upon the testimony, and, as already stated, the very last testimony of the defendant upon the subject contained in the record was to the effect that the crop destroyed was worth at least $8 per acre, and according to this testimony, if he sustained the percentage of loss stated, both in his testimony and in the notice of loss submitted to the company he sustained a greater loss than that allowed by the trial court. In this connection, it should be stated that the testimony. of the defendant as to the amount of the loss is undisputed. The plaintiff did not see fit to put in any testimony whatever | tending to contradict the defendant’s testimony on this point. Ordinarily, an owner is competent to testify to the value of his own property, and upon the record before us we cannot say that the findings of the trial court as to the amount of damages sustained by the defendant is not supported by substantial evidence.

It follows from what has been said that the judgment appealed from must be affirmed.

It is so ordered.

,, and , JJ., concur.

, C. J., being disqualified, did not participate.

ARTHUR PEARSON and HANNAH PEARSON, Appellants, v. CLARENCE ELLITHORPE and K. R. ELLITHORPE, Respondents.

Mines and minerals — lease will not be cancelled without showing of legal, equitable or contractual cause, forfeiture not being favored.

The plaintiff brings this action to cancel a coal mining lease, but there is no showing of either a legal, an equitable or contractual cause for cancelling the lease.