Dunovant & Eldridge v. Anderson

GARRETT, Chief Justice.

On February 21, 1898, the appellants entered into a contract in writing with the appellee by which they sold and agreed to deliver to the appellee on or about May 1st thereafter 200 -head of cows “now located in the pasture near Eagle Lake, and further described as being branded as follows, — X — V U, all marks.” Calves born after January 1, 1898, were not to be counted. Appellee agreed to receive the cows on board cars at Eagle Lake and to pay for them at the rate of $17 a head at the time of delivery, except $2 a head which was then paid as part of the price of the…