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power of the court -- to so act. As we have said, it cannot be urged that appellee would necessarily have been interested in the purchase only of that portion of the land left him after the Commissioner had arbitrarily taken out perhaps a valuable part of it for the right-of-way. This was an arbitrary modification and making of a new contract for the parties which cannot be sustained.
The District court was correct in its holding. The contract of appellee is enforceable against any claim appellant has advanced. The Commissioner was without authority to so modify and amend the said contract. The judgment is affirmed and IT IS SO ORDERED.
Thomas J Mabury
Justice
WE CONCUR:
Charles R. Brice C. J.
A.L. Zinn J.
Daniel K. Sadler J.
Howard L. Beckley J.