Young & Cooper, Inc. v. Vestring

The opinion of the court was delivered by

Schroeder, J.:

This is an action to recover the balance due on the sale of cattle under an oral sales contract. The action was defended on the theory that nothing was due the plaintiff because it failed to deliver a breeding herd of cattle in compliance with the oral sales contract, and the defendants counterclaimed for damages resulting from the plaintiff’s breach of express and implied warranties made in the course of the transactions for the purchase of the cattle.

The case was tried to a jury which returned a verdict in favor of the plaintiff for the…