Holland v. Rock

OPINION

By the Court,

Ducker, J.:

This is an action for breach of a contract. By the terms of the contract plaintiffs agreed to sell and defendants agreed to buy about 650 head of ewe sheep at the price of $12 a head, or $13.25 for all sound-mouth ewes, and $7 for broken mouths, at buyer’s option. Of the sheep to be delivered, about 400 were to be yearlings, and the balance two years old and upwards, unshorn. It was agreed that said sale covered all of this particular class of sheep owned by the party of the first part.

The defendants refused to accept delivery. The sheep tendered were afterwards…