Johnson v. Downs

OPINION OP THE COURT

PARKER, J.

Appellee agreed in writing to sell appellants 1,600 ewes at $12 per head and 300 yearling wethers at $7 per head f. o. b. Pecos, Tex., and appellants agreed to buy the same. The contract, among other things, provided:

It is further understood and agreed that at the time of delivery of said sheep, the second parties shall have the right and' privilege to put back and refuse to receive any broken-mouthed or spread-teeth sheep, or any cripples or unmerchantable sheep.

It is further understood and agreed that the parties of the second part have this day executed and…