Archer v. Ross

RENFRO, Justice.

On February 23, 1951, Ross and Sensi-baugh agreed to sell to J. E. McLelland a large number of cattle to be delivered at a later date. McLelland paid $40,000 cash as a partial payment and agreed to pay the balance upon delivery of the cattle. Subsequent to the above date, Mc-Lelland showed Fred Archer some cows and calves, known for descriptive purposes as the Kenneth Cook cows. Archer agreed to buy 250 cows with calves and paid McLelland a $10,000 down payment. It was represented by Sensibaugh to Mc-Lelland and by McLelland to Archer that the majority of the Kenneth Cook…