Bidleman v. National Feeders Service, Inc.

*905ORDER

EUBANKS, District Judge.

The original complaint herein was filed on March 29, 1967 wherein it was generally alleged that plaintiff, on September 21, 1964 purchased 160 steers from Jake Sims. This transaction was actually made through defendant, National Feeders Service, Inc., who acted as plaintiff’s agent in buying the steers. National Feeders paid Sims $23,320.90 for the livestock, then drew a draft on plaintiff for such amount which draft plaintiff honored and paid on September 25, 1964. It is further alleged that plaintiff instructed National Feeders to retain possession of the steers…