Cage v. Stalker

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued in replevin to recover 191 head of cattle and to recover damages for failure to furnish pasture for the cattle according to contract. The defendant in a cross petition sought to recover damages for violation of the contract by the plaintiff. There is now no controversy about the possession of the cattle. Judgment was rendered in favor of the plaintiff for $477.50 damages sustained by him by reason of the violation of the contract by the defendant. From that judgment the defendant appeals.

1. The defendant complains of the…