Reese v. Kapp

The opinion of the court was delivered by

Benson, J.:

This action was to recover the purchase money due on a sale of cattle. A counterclaim for damages was interposed by reason of a mortgage on the property. Judgment was given for the defend•ant, and the plaintiffs, Reese & Son, appeal.

At the time of the sale there was a mortgage outstanding on the cattle, held by a commission firm at Kansas City. When the purchase was made a check for $1000 was given by the purchaser, and two days later, when the cattle were shipped, a check for the balance, $5450, was given. Both checks were drawn •on the…