Griffith v. Marsh

The opinion of the court was delivered by

Benson, J.:

This is an action to recover an alleged overpayment made through a mistake in computation. The judgment was for the defendant, and the plaintiff appeals. ■

The undisputed facts are that the appellee sold to the appellant eighty head of cattle, and received pay*694ment therefor at the rate of $87 per head in two checks, one for $500, given when the agreement was made, and one for $6460, given on the following day when the cattle Were delivered. This dispute is over the price, the appellant contending that the price agreed upon was $78- per head,…