Kinderman v. Hersch

Plaintiff in error brought suit against defendant in error to recover damages for the non-delivery of certain ewes and *563lambs, which, according to the allegations of his complaint, he had purchased from the defendant. In his complaint the plaintiff set out a bill of sale which recited, in substance, that one Martinez had sold to the defendant a specified number of ewes and lambs, to' be selected from respective herds of about one thousand each, and delivered on a date specified. It was these ewes and lambs which plaintiff claimed to have purchased from the defendant, and also that he had…