Beauchamp v. Archer
California Supreme Court
Appeal from a judgment for the plaintiff in the Superior Court of San Luis Obispo County. McMubtby, J. The following finding of the Court will illustrate the points made by Respondent’s counsel: That on April 1st, 1880, the plaintiff bought from the defendants all‘’of the cattle of the kind, brand, and description mentioned in the plaintiff’s complaint and in the defendants’ answer, then running in a band of two hundred and fifty head of cattle belonging to defendants, at…
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Appeal from a judgment for the plaintiff in the Superior Court of San Luis Obispo County. McMubtby, J. The following finding of the Court will illustrate the points made by Respondent’s counsel: That on April 1st, 1880, the plaintiff bought from the defendants all‘’of the cattle of the kind, brand, and description mentioned in the plaintiff’s complaint and in the defendants’ answer, then running in a band of two hundred and fifty head of cattle belonging to defendants, at the agreed price of twenty-two dollars and fifty cents for the steers, and twenty dollars for the heifers, the plaintiff…
1Opinion of the Court
Ross, J.:
On the 1st of April, 1880, the plaintiff contracted with the defendants for the sale by the latter to him of a lot of cattle of certain brands, which were then running with a larger herd on their rancho. The price agreed upon was twenty-two dollars and fifty cents per head for the steers, and twenty dollars per head for the heifers; and plaintiff paid to the defendants two hundred and fifty dollars on account of the purchase price. At the time of the contract neither plaintiff nor defendants knew how many cattle there would be of the description agreed on, nor was there any time…
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