P owned logs marked 'H. C. A.,' cut in the winters of 1882 and 1883, and lying in the Mississippi River. P sold the logs to D for ten dollars a thousand feet, boom scale at Minneapolis, Minnesota. Payments cash as fast as scale bills are produced. The agreement was a simple paragraph that recited the cost and markings on the logs with provisions for payment. The logs were of poor quality. P sued D for the purchase-money. D pleaded a warranty of the quality of the logs, alleged to have been made at the time of the sale, and a breach of it. D offered on the trial oral testimony to prove the warranty, which was admitted, over the objection of P that it was incompetent to prove a verbal warranty, the contract of sale being in writing.

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