Barry v. James

Plaintiff Francis Barry, a resident of Mercer County, Illinois, brought suit against defendant Bert V. James to recover *105,000 damages for breach of a contract to purchase a 50 percent interest in 12 imported cattle. The trial court entered summary judgment in favor of defendant, and plaintiff appeals, contending that the pleadings, depositions and affidavits presented one or more issues of material fact so as to render summary judgment improper in this cause.

According to the record on appeal, plaintiff has been engaged in importing Simmental cattle for breeding purposes since 1970. In…