Fullmer v. Proctor

HOLDEN, C. J.,

Dissenting. — Appellant is engaged in farming and stock raising and respondent is engaged in buying, feeding, and selling livestock. In August, 1936, these parties entered into what is termed a memorandum agreement by which appellant contracted, among other things, to pasture 700 head of cattle, 600 at $3.50 per head and 100 at $3.25 per head, during the summer of that year. It appears that after the contract was made, respondent found he required more pasture than that covered by the memorandum agreement and that appellant, either acting for and in behalf of respondent,…