Winch v. Baldwin

The defendant and William Bower entered into a contract in writing, whereby it was agreed that the former should deliver to Bo wer forty-four head of steers, the weight of which was agreed upon, and Bower was to feed and take care of said cattle, for which the defendant agreed to pay Bower “ten cents per each and every pound of flesh gained by the cattle,” when weighed on certain named scales at Savannah, Illinois. The contract was assigned by Bower to the plaintiff, who claims that the provision of the contract as to the place where the cattle were to be weighed was, after the execution of…