Legal Opinion

Sullivan v. Gird

Arizona Supreme Court

Decided May 4, 1921No. Civil No. 1877Published

APPEAL from a judgment of the Superior Court of the County of Yavapai. John J. Sweeney, Judge. STATEMENT OF FACTS. Plaintiff sned defendant for a balance of four hundred and ten dollars on purchase price of thirty-five Devon heifers and twelve cows, and sixteen dollars and sixteen cents, expenses of delivery.

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APPEAL from a judgment of the Superior Court of the County of Yavapai. John J. Sweeney, Judge. STATEMENT OF FACTS. Plaintiff sned defendant for a balance of four hundred and ten dollars on purchase price of thirty-five Devon heifers and twelve cows, and sixteen dollars and sixteen cents, expenses of delivery. Defendant admits in his answer that he purchased and agreed to pay for cattle as alleged, and, by way of counterclaim, he asserts the cattle, under the contract, were to be delivered to him or his agent at Temecula, California, that they were not delivered at that place, but, on the…

1Opinion of the CourtRoss, C. J.

(After Stating the Facts as Above.)— There is little or no conflict in the evidence. Some time in June or July, 1916, plaintiff, a resident of San Diego county, California, wrote to defendant, who resides in Yavapai county, Arizona, offering to sell him thirty-five Devon heifers and some cows. Replying to plaintiff, July 13th, defendant wrote:

“. . . I note your proposition in regard to the thirty-five heifer calves that yon state will be about a year old in October. I will take those at $40 per head and whatever number of those twenty-five cows yon mention that I can put in the same car with…

2Cases cited10 opinions

  1. Springfield Shingle Co. v. Edgecomb Mill Co.Washington Supreme Court · 1909
  2. Brown v. DavidsonSupreme Court of Oklahoma · 1914
  3. Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
  4. McQuaid v. RossWisconsin Supreme Court · 1893
  5. McNeal v. BraunSupreme Court of New Jersey · 1891

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