Tice v. Lemos

Plaintiff in an amended and supplemental complaint alleged that he had entered into an oral contract with defendant to purchase from him about 200 head of cattle for an agreed price of $20,000 of which $100 had been paid ; that subsequently he tendered to defendant $19,900 and •demanded the delivery of the cattle, which defendant refused. *235Plaintiff also set forth a memorandum written by plaintiff but signed by defendant which acknowledged the receipt of $100 as a deposit for defendant’s entire herd consisting of about 200 head of cattle at a price of $20,000. In a second count plaintiff…