Peck v. Nixon

This action was brought by respondents to recover the initial payment on a contract for the purchase of certain steers which, it is alleged, appellant refused to deliver. The ease was tried to a jury, and resulted in a verdict in respondents’ favor for the full amount prayed for, with interest.

Bespondents are livestock commission brokers, and on February 10, 1925, at Pocatello, agreed to purchase from 116 to 120 head of two and three year old Durham and white-faced steers from appellant, at $5.85 per hundredweight, f. o. b. ears at Monida, Montana, where they were to be received and weighed.…