Donaldson v. Clark

GRISSOM, Justice.

This is a suit by D. W. Clark against C. E. and Mrs. C. E. Donaldson. Plaintiff alleged he bought certain cattle from defendants in May,' 1940, with an agreement that they were to be delivered to him about June 1st; that at the time of the purchase he paid to Mrs. Donaldson $650, as a part of the purchase price, and it was agreed he would pay the balance when he received said cattle. Plaintiff alleged that about June 1, 1940, he went to defendants’ ranch to receive the cattle, and was tendered a different herd of cattle, which were of a lower grade and quality" and of less…