Herington Livestock Auction Company v. Verschoor

BECKER, Justice.

Plaintiff’s action against defendant is for conversion of 84 head of cattle sold by plaintiff to Mearl H. Bergeson. The conversion is alleged to have occurred when defendant as agent for Bergeson sold the cattle on the open market. Trial to jury resulted in verdict for plaintiff in the sum of $11,788.26. Post trial motion by defendant for judgment notwithstanding the verdict was sustained, the verdict and judgment thereon was set aside and plaintiff’s petition was dismissed. Plaintiff appeals. We affirm.

The operative facts are relatively simple and there is little dispute…