Smith v. LaForge

The opinion of the court was delivered by

Price, J.:

These two consolidated appeals arise out of actions brought by appellant (plaintiff below) to recover the purchase price of certain livestock sold by plaintiff to defendant LaForge, and involve the question of the statute of limitations. The over-all question in each case is the same.

In case No. 38,169, the livestock in question was purchased on February 19, 1946, and the action was commenced February 12, 1949. As one of the primary questions' before us concerns the sufficiency of the petition to state a cause of action, it will be set out in…