parties of the meaning of the technical words used in the contract—towit: “custom work.” There was no attempt made to change or vary the agreement, simply to ascertain what it was. Chandler v. Thompson, 30 Fed. Rep. 38-43. The admission of evidence objected to, if error was without prejudice. Spencer v. Robbins, 5 N. E. Rep. 726.
Corliss, J. This suit was commenced by Charles Hutchinson, Before the trial he died. The action is continued in the name of the administrator of his estate. The deceased was a proprietor of a flour mill in South Dakota. To induce him to move his plant to New Rockford, N. D., the defendants entered into a written contract with him. This agreement, omitting the signature, was in the following words and figures: “This contract is entered into this thirteenth day of August, A. D. 1885, by and between Charles Hutchinson, of Oskaloosa, Iowa, on the first part, and Joseph Cleary, J. M. Patch, Frank A. Brown, E. E. Henderson, T. R. Palmer, Frank S. Dunham, John R. Winslow, H. M. Clark, John G. Frankland, et a/ of New Rockford, Eddy County, Dakota Territory, on the second part. And this contract witnesseth that said party of the first part agrees to bring to New Rockford, Eddy County, Dakota Territory, the machinery, engine, and boiler now in his mill at Mt. Vernon, Dakota Territory, and to add thereto new roller machinery, of the best pattern and workmanship, to constitute and complete a mill of seventy-five barrels capacity, and to erect the same at New Rockford, D. T., as quickly after the date hereof as practicable, and to operate the same as steam flouring mill, doing custom work at said place, for a period of five years from date hereof, unless prevented by inevitable necessity, or transfer of ownership, In consideration whereof the parties of the second part agree to provide and guaranty the following privileges: First. A deed for five acres of land contiguous to James river, with a right of way for a spur track from the Northern Pacific R. R. track, as a site for said mill; said deed to be given on arrival of lumber on the ground. Second. Nine cords of building rock for the foundation
