Smart v. Valencia

OPINION

By the Court,

Coleman, J.:

Plaintiff brought this action to recover the sum of $1,100 which he alleged was paid to the defendants through a mutual mistake, judgment was for the plaintiff, and the defendants have appealed.

The parties will be referred to as in the trial court.

The defendants were the owners of a band of sheep in Jack’s Valley, White Pine County. They contracted to sell and deliver these sheep in the band under the age of two years to the Henderson-Griswold Company, and the balance to the plaintiff at the price of $11 per head— the sheep to be delivered to both purchasers on…