Walker v. Herke

Jeffers, J. —

This action was brought by R. D. Walker against Joe Herke, John A. Herke, and Gertrude Herke, copartners doing business as Herke Bros., to recover the value of thirty-six steers which it is alleged were sold by defendants to plaintiff for immediate delivery, and which defendants refused to deliver.

Defendants by their answer denied the allegations of the complaint, except that they were a copartnership, alleging affirmatively that on January 29, 1943, the parties entered into a verbal agreement, by which defendants agreed to sell plaintiff thirty-six head of steers, which were…