Fox

Action to recover damages for breach of contract of sale by defendant of two harvesting machines. Verdict and judgment for plaintiffs. Appeal by defendant from the judgment, and order denying its motion for a new trial.

Several points have been discussed by counsel, which have to be determined.

We are of opinion that the court did not err in its ruling in excluding the papers, copies of which are annexed to defendant's answer, when offered the second time. They had been already offered and admitted; We cannot see that because they were read in evidence as a part of the cross-examination of other witnesses, therefore they were not in the ease for all purposes for which they were admissible. The papers having been already put in evidence, the court did not err in refusing to allow them to be put in the second time. Nor does it make any difference that they were excluded when offered a second time for a reason not legally tenable. They w'ere, as said above, already in for all purposes. Though the ground of their exclusion on the second offer may have been untenable, that was not equivalent, when they were already in, to a ruling that they were not evidence at all. We see no error…