Umbarger v. Berrian

On, and for some time prior to, September 29, 1936, E. A. Westermeyer was the owner of a bull and twelve cows, which were in the possession of A. F. Berrian, under an agreement whereby the latter was to keep them until December 1, 1937, at which time the increase were to be equally divided and the original stock to be returned to Westermeyer. On the date mentioned, plaintiff Umbarger purchased the cattle. The deal was consummated in the following manner: Westermeyer transferred the stock to Berrian, together with his share of the increase, for four hundred dollars. Berrian, on the same day,…