Bates v. Carter

— Plaintiff alleges that the bank of which he is receiver entered into a contract with defendant for the bailment of cattle. The contract provided that defendant might, at a stipulated price, purchase the cattle. The contract further provided that in the event of failure to pay the contract price, the property would be surrendered on demand. On refusal to pay (as plaintiff claims) or to surrender possession, this action was brought.

On a trial on an issue of payment claimed to have been made by defendant a verdict was returned in his favor and judgment rendered in his behalf. Thereafter a…