Nicholls v. Kammerich

WASSERSTROM, Judge.

Plaintiff John W. Nicholls sued to recover money paid by him toward the purchase of land and cattle. Defendants Andy Kamme-rich and his wife claimed offset for damages flowing from Nicholls’ default. The jury found for defendants, and Nicholls appeals. We affirm.

On May 2, 1970, the parties entered into an informal agreement under which Nic-holls was to acquire from Kammerich approximately 160 head of cattle and from Kammerich and wife a 569 acre farm on which those cattle were located. The agreement called for a purchase price of $80,000 on the land, of which $10,000 was to…