Farmers & Merchants Bank v. Eagon

Holcomb,

-Appellant’s action is upon a promissory note executed by respondents for the sum of $175 and interest and $50 attorney’s fees.

Respondents filed a counterclaim for $300, alleged as due Mrs. Eagon on a sale of seventeen head of cattle sold by the bank for her for $2,250, whereas the bank was not authorized by her oral contract with its agent *587to sell for less than $150 a head, or $2,550 in all. It was also alleged that $2,550 was the only amount the respondents had agreed to accept and the only amount the bank ivas authorized to receiye. Appellant replied, denying any liability on the…