Rist v. Karlen

WUEST, Circuit Judge.

The defendant, Merrill Karlen, operates a 30,000-acre ranch near Reliance, South Dakota. He owns 9,000 acres and leases the balance. Every year he sells some breeding stock, but some of his leases were terminating January 1, 1974, so he decided to sell more than usual. He had the cattle for sale sorted and made arrangements to rent the Walt Bones Sale Barn near Parker, South Dakota. Karlen paid $500 for the use of the barn, and Mr. Bones was to take care of the advertisement. Thereafter, Mr. Bones prepared a sale circular or advertisement which was mailed without Mr.…