Big Band, Inc. v. Williams

BIEGELMEIER, Judge.

This action is based on a contract whereby plaintiff was to manufacture and distribute and defendant was to buy a quantity of cattle guards invented by defendant, a rancher turned inventor. Altered and amended as to the number only as hereafter mentioned, the contract provided defendant would buy 500 of the guards over a period of six months at $100 each. Provision for payment was that defendant “will advance * * * $40.00 * * * for each cattle guard manufactured and available for sale” and “pay the remaining * * * $60.00 for each cattle guard as he [defendant] removes it…