Dowell v. Williams
Supreme Court of Kansas
Error from Brown District Court. Action by Williams against Dowell, to recover the sum of $2,017.18, for certain cattle and hogs which Williams claims to have sold and delivered to Dowell under the terms of the following written contract: “Robinson, KANSAS, April 4, 1883. “I have this day sold to John A. Dowell the choice of eighteen steers out of twenty head now feeding in my lot on home farm, and guarantee the same to weigh eleven hundred pounds or upwards, at five dollars…
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Error from Brown District Court. Action by Williams against Dowell, to recover the sum of $2,017.18, for certain cattle and hogs which Williams claims to have sold and delivered to Dowell under the terms of the following written contract: “Robinson, KANSAS, April 4, 1883. “I have this day sold to John A. Dowell the choice of eighteen steers out of twenty head now feeding in my lot on home farm, and guarantee the same to weigh eleven hundred pounds or upwards, at five dollars and twenty-five cents per hundred pounds. Said cattle to stand in dry yard off feed and water twelve hours before…
1Opinion of the Court
The ojiinion of the court was delivered by
Hobton, C. J.:
The cattle described in the written contract of the parties were delivered and accepted by Dowell, defendant below, who gave to Williams, defendant in error, his check for $1,031.25 — the price of the cattle less the cost of weigh*321ing. Subsequently the payment of the check was stopped, probably on account of the sum of $250 which had been advanced on the contract not being deducted; but as it has never been paid, Williams is entitled to recover for his cattle.
The principal contention of the parties at the trial was over the hogs. When the…
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