North Dakota Supreme Court February 7, 1917 (Beers v. Schallern)

Bruce, Ch. J.

(after stating the facts as above). We are satisfied that reversible error was committed in the giving of the instruction complained of, and that a new trial should be ordered. The plaintiff, in our opinion, failed entirely to prove the special contract set out in his complaint, and the defendants’ theory of the case was not instructed upon.