Downing Bros. v. Mitchell

SADLER, Chief Justice.

The defendant (appellant) complains of a judgment in a replevin action entered below on a jury verdict finding the issues generally in his favor. The property which was the subject of the replevin action consisted of seventeen (17) cows bearing specified brands and three (3) unbranded calves. The defendant had contracted to purchase this livestock from the plaintiffs and had deposited with them one hundred dollars ($100) earnest money. At the trial, the defendant tendered into court the balance of the purchase money calculated in accordance with the terms of the contract…