Webber v. Umback

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover damages for breach of a contract of purchase and sale.

The facts were these: Defendant Umback purchased 100 hogs from plaintiff for $2,300. The hogs were to be selected from plaintiff’s herd of 150 or 160 head. Defendant came to plaintiff's farm in Ford county to select the hogs, and when he had chosen 53 of them he discovered that he had made a poor bargain — that there *118were not enough large hogs to make up the hundred he had purchased, so he rescinded the contract. Plaintiff thereupon shipped 100 of his largest…