Foos v. Sabin

This was an action of assumpsit, brought by appellants, upon a promissory note given by appellee on the 1st day of April, 1873, for $3000. The note was given as a part of the purchase price of 235 head of fat cattle sold by appellants to appellee, by written contract, on the same day the note was executed. The contract designates the cattle as “ fat cattle,” of which 170 were then being fed by appellants, on Foos’ farm, in Champaign county, and the remaining 65 were then Being fed by Rains & Co., of Livingston county. The contract provided for the delivery of one half the cattle between the…