Daugherty v. Herndon

STEPHENS, Associate Justice.

Appellee undertook to deliver to appellant within 100 miles of Shreveport, La., during the month of April, 1898, 3750. Louisiana cattle, and tendered many more than that number for appellant to select from; but of these appellant accepted •only 3396, and claimed damages for the shortage. On the other hand, appellee claimed that the cattle tendered met the requirements of the contract, and brought this suit to recover damages for appellant’s refusal to accept them, and also to recover $973, balance due for the cattle delivered.

The main defense interposed by…