Buerkli v. Carstens Packing Co.

-Appellant brought action against respondent -to recover an alleged balance due of $225 for the sale of forty-seven head of cattle.

Respondent answered setting up a counterclaim and cross-complaint, demanding damages in the total sum of $234.31, for an alleged breach of a contract of warranty by another sale of thirteen head of cattle by appellant to respondent.

The allegations as to the counterclaim and cross-complaint were that certain false, fraudulent and un*459true representations made for the sole purpose of deceiving and defrauding respondent were made as to the thirteen head of cattle…