Minear v. Phelps

The findings of fact in this cause state that the plaintiff Minear bargained with the defendant for a yoke of oxen, at the price of $100, to be paid for on delivery. The bargain was made on Sunday, and the defendant promised to deliver the oxen on the following Wednesday at Evart. On the day appointed the defendant did not deliver the cattle, but went to Evart, where a pew contract was made, whereby he agreed to let the *85plaintiff Minear have the cattle for $100, to be paid upon the following Tuesday, when Minear was to go-to the defendant’s place for them. Five.dollars was then paid and…