Minot Flour Mill Co. v. Auslander

This is an action for damages for breach of a. written ■contract for the purchase of flour. The case is here for the second time. Tor opinion on the former appeal, see 58 N. D. 332, 226 N. W. 496. The pleadings and the issues thereby presented in the instant case are identical with those in the former case. The evidence is substantially the same in the two cases except in one respect, which will be referred to hereafter.

On the instant trial the court instructed the jury that the written ■contract was in evidence for their consideration; that it defined and fixed the rights and obligations of…