Conley v. Hays

This is an action by Harry Conley, doing business as Harry Conley Company, plaintiff and appellee, against Russell Hays, defendant and appellant, to recover $18,000 paid by plaintiff to the defendant on a written contract of purchase of 9,000 to 9,500 lambs.

By written agreement the defendant agreed to sell to plaintiff from 9,000 to 9,500 lambs at a stipulated price per hundred pounds and plaintiff agreed to and did make a down payment of $18,000 as a part of the purchase price. The defendant tendered delivery of the lambs and actually produced for delivery a portion of the lambs which…