Oscar Callaway v. C.M. Albin

Mr. Judge CHAPMAN

delivered the opinion of the Commission of Appeals, Section A.

On or about October 8th, 1919, C. M. Albin sold to Oscar Calla-way a flock of sheep and accepted in part payment therefor thirty cows at $75.00 per head. The sheep were delivered to Callaway and a. delivery of cows was made by Callaway to Albin in which delivery Albin claimed there were twenty-nine head and Callaway claimed there were thirty head, and later Albin returned to Callaway’s place and got another cow. About October 20, 1920, there was a controversy between Albin and Callaway as to whether Callaway should…