Fleming v. Buerkli

— Appellant, as plaintiff, brought this action to recover an alleged overpayment on account of the purchase of certain dairy cows under a written contract. His complaint alleges the agreement for the sale and purchase of 345 head of dairy cattle at $117.50 per head, subject, however, to the rejection of any cows which failed to pass a tuberculin test, and that after the test it was found that 279 head were suitable for delivery; that he paid the purchase price for 279 head, but that the defendants failed, refused and neglected to deliver 36 head of the 279 head, and the prayer is for the…