order that he be made a party plaintiff so that his interest in the action may appear. In court practice there should be no deception, no sailing under false colors. An attorney should not be allowed to pose before a jury as a disinterested minister of justice in case he has a half interest | in the verdict or the recovery. Such a practice lowers the standard of legal ethics. It brings the legal profession: into disrepute. It is demoralizing.
Birdzell, J. (concurring specially). I concur in the reversal of the judgment on account of the errors committed in the submission of the case for a special verdict. These errors are of the same character as those involved in Daniels v. Payne, 182 N. W. 1o10, which case seems to be followed, though condemned, in the principal opinion herein. It is for the reasons stated in the opinion in Daniels v. Payne, which are also applicable to the case at bar, that I concur in the reversal of the judgment.
Christianson, J., concurs.
W. R. OLSON, Respondent, v. WILLIAM LARSON, Appellant.
(184 N. W. 984.)
Sales—buyer agreeing to keep property if it works satisfactorily must be honestly dissatisfied.
1. Where property is sold, or contracted to be sold, to a vendee, who agrees to keep and pay for the same on condition that it works satisfactorily, the buyer, relying upon such condition, must be honestly dissatisfied with the property.
Sales—instruction held not erroneous as requiring a finding contrary to evidence.
2. Certain instructions are examined and held not to be prejudicial.
Opinion filed Nov. 1st. Rehearing denied Nov. 18, 1921.
Appeal from. the district court of Williams County, Fisk, J.
