McMillan v. Heaps

This is an action for damages for the breach of an alleged contract for the sale of cattle. Plaintiff prevailed, and defendants appeal.

The vital question presented by the record is whether there was a receipt and an acceptance of any part of said chattels so as to take the contract without the statute of frauds. Defendants filed a general demurrer to the petition, and still insist that the last named pleading does not state facts sufficient to constitute a cause of action against them. The demurrer was overruled. The charge to the jury is a clear and succinct statement of the hnv, and no…