Bonner v. Otto

OPINON OP THE COURT

WATSON, J.

Appellee (plaintiff below) sued apjpellant (defendant below) for damages for breach of contract to deliver cattle, including $3,000 advanced upon the purchase price. Appellant, in his answer, denied the alleged breach, and by way of counterclaim sought damages for an alleged breach of appellee’s contract to receive the cattle. Appellee recovered judgment for $3,000, the amount of the advanced payment.

The parties made a written contract July 1, 1922, for a sale by appellant to appellee of about 1,400 heifer and steer calves ranging in appellant’s pasture in…