Billings v. FIlley

Maxwell, Ch. J.

The plaintiff filed his petition in the court below, stating his cause of auction to be: “ That on the 11th day of March, *5121884, the parties to this action entered into a written agreement, whereby plaintiff sold defendant forty-two head of steers, at $5.35 per hundred pounds (from the weight there was to be taken three per cent for shrinkage, and no more), and one hundred Hogs, at six cents per pound, said stock to be delivered at Eilléy, Gage county, Nebraska, from May 1st to 15th, and.,correctly weighed and-paid for, on which defendant advanced to plaintiff $1,000 (said…