Gooch v. Coleman
New Mexico Supreme Court
Appeal from District Court, • Socorro- County; M. C. Mechem, Judge. Action by Ben F. Gooch against Henry Coleman. From a judgment for plaintiff, defendant appeals. STATEMENT OP PACTS. This action was brought by appellee against appellant to recover the sum of $3,000, as damages for- an alleged breach of a certain contract for the sale of 400 head of cattle.
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Appeal from District Court, • Socorro- County; M. C. Mechem, Judge. Action by Ben F. Gooch against Henry Coleman. From a judgment for plaintiff, defendant appeals. STATEMENT OP PACTS. This action was brought by appellee against appellant to recover the sum of $3,000, as damages for- an alleged breach of a certain contract for the sale of 400 head of cattle. Under a peremptory instruction by the court, the jury returned a verdict for appellee in the sum of $1,-072.05, which was the amount of forfeit money, with interest, which had’ been posted by appellee to guarantee his performance of the…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above.) — The first point raised by appellant in his brief is that appellee should have cut out of the herd at the Coleman ranch on the 14th dajr of November all animals falling within his 10 per cent, cut, and should have, at that time andi place, received or accepted the remaining cattle on that day in accordance with the contract as it was understood between the parties, and according to the custom of cattle men when acting under a contract like the one sued upon, and for these reasons the court erred in holding that appellee did…
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