Lockie v. Wertheimer Cattle Co.

DONOVAN, District Judge.

In this action plaintiffs moved for a summary judgment upon the pleadings, admissions, defendant’s answers to interrogatories and affidavits of the parties.

Plaintiffs’ suit is based on a contract alleged to have been entered into on or about September 5, 1944, for the sale and delivery by plaintiffs and the purchase by defendant of “thirteen hundred (1300) head of steers, to be delivered to defendant f.o.b. cars on railroad track at Sheffield, Montana, between September 20 and October 15, 1944”, at an agreed price. Plaintiffs go on to allege that:

“In accordance with…