Howell v. Cooper

During the late unpleasantness sometimes called the “ Ute War,” one Moses L. Howell furnished the military authorities of the state with 26 horses, which were used in repelling the invasion of the hostile tribe. The horses were delivered under what is called in the pleading a “contract” which was executed by Howell on his own behalf, and by Chapman, an assistant adjutant general, who assumed to act for the state. The state exercised the option granted by the vendor, bought the horses, and paid for them. The paper contained a clause which substantially provided that, if the state should use…