Caley v. Mills

The opinion of the court was delivered by

Benson, J.:

This was an action brought by C. C. Mills and others against F. T. Caley for damages for failure to deliver cattle as agreed. Mr. Caley offered *419to sell to plaintiffs '193 cows and 100 two-year-old steers, at certain prices per hundred weight. The cows were in one corral and the steers in another, on a ranch in Stanton county. The defendant was to take out fifteen of the steers and ‘the plaintiffs were then to select 100 out of those that were left, and were also to select the cows from a larger number in the corral. The selection was made by…