Page:North Dakota Reports (vol. 48).pdf/359

 of not less than 200 tons a year, and in case of a failure the penalty is that the lessee must pay a royalty on 200 tons. The case is not one of doubt. Indeed, there is no showing of facts sufficient to constitute a cause of action for the cancellation of the lease.

Judgment affirmed.

, C. J., and and, JJ., concur.

, J., concurs in result.

MARY WORLITZ, Respondent, v. MAX MILLER, Appellant.

Appeal and error—exclusion of testimony as to plaintiff's chastity held not error, where witness did not know meaning of word and other testimony was introduced.

1. Certain rulings on the admission of evidence examined and, for reasons stated in the opinion, held to be non-prejudicial.

Appeal and error—erroneous instruction ordinarily presumed prejudicial.

2. While the giving of an erroneous instruction ordinarily raises a presumption of prejudice, yet a case will not be reversed by reason thereof, where it is clear from the record that the complaining party could not have been prejudiced thereby.

Appeal and error—erroneous instruction does not require reversal where there could be no prejudice.

3. Certain instructions given in this case examined and for reasons stated in the opinion held to be non-prejudicial.

From a judgment of the District Court of Kidder County, Coffey, J. defendant appeals.

Affirmed.

''Geo. Musson and E. T. Burke'', for appellant.