that there is no evidence that defendant made any representations as to the quality of the hides he offered for sale and that the evidence affirmatively shows that the purchaser of the hides relied solely upon his own judgment in buying them. The contention that there was no representation as to the quality begs the main question in the case. The false representation charged, is that the defendant "represented that he had muskrat furs which he was entitled to sell and that the same had been taken legally and obtained legally, when in truth and in fact, the said furs were taken contrary to law and out of season as allowed by the State of North Dakota and were contraband.
Section 20-0102, NDRC 1943 provides: "The ownership of andknown to the defendant at the time the sale was consummated. Three witnesses for the plaintiff, Martin Myhre, a deputy game warden, Ben Boss, a fur dealer of twenty years experience, and Alex Marsden, a fur dealer of twenty-five years experience, who had examined the pelts, all testified that in their opinion all but one of the pelts had been taken before the muskrat season opened on December 1st. They stated that the degree of primeness of the fur demonstrated that a majority of the pelts had been taken in the summer and early fall. From the evidence in the case it also appeared that a Lester Rubin had been associated with the defendant in the sale of the muskrat pelts. He was with the defendant at Devils