Wehmeier v. Yontz

The present case makes its second appearance here. This time it is the defendant who appeals, but the first appeal was by plaintiff. [See Wehmeier v. Yontz, 208 Mo. App. 434.]

When the trial began, the petition was in three counts. The first alleged a contract for the sale by plaintiff to defendant of certain hogs which defendant, it was charged, refused to accept, wherefore judgment was asked for $555.27 damages, that being the difference between the contract and the market price.

The second count pleaded a contract for the sale of said hogs, wherein it was provided that each party should put…