McKinley-Winter Livestock Commission Co. v. Fletcher

The opinion of the court was delivered by

Fatzer, J.:

This action was commenced by the appellee, McKinley-Winter Livestock Commission Company, a corporation, against the appellant, Joe Fletcher, for the recovery of money based upon an alleged oral agreement. Judgment was rendered in favor of the plaintiff and the defendant has appealed.

Because of their importance to questions presented, we first refer to the pleadings of the parties. The plaintiff’s petition states the subject matter of the action to be:

“That on or about the 3rd day of June, 1955, the defendant, Joe Fletcher, and. one Ray…