Bagby Land and Cattle Company v. California Livestock Commission Company

GEWIN, Circuit Judge:

The appellee, Bagby Land and Cattle Co., Inc. (Bagby Land), brought this action against appellant California Livestock Commission Company (California Livestock) for damages and attorneys’ fees incurred as a result of California Livestock’s refusal to pay for 80 head of cattle delivered by Bagby Land to it. California Livestock admitted receipt of the cattle, but asserted in defense an offset and counter-claim for breach of an alleged oral promise by Bagby Land to deliver to California Livestock 2000 head of a specified type of cattle.

After consideration of pleadings and…