Smith v. Johns

The plaintiffs assert, in effect, that the contract of sale is tainted with fraud because at the time of its execution the cattle were mortgaged; and, further, that certain of the cattle were not as represented, in that they were not suitable for dairy purposes.

In January, 1921, defendant W. H. Johns, by occupation a dairyman, was the owner of a herd of dairy cows and a number of beef cattle, which he had previously acquired while, residing at Granada, Siskiyou County, California, and on which, as partial security for an indebtedness to defendant The Montague Banking Company of Montague,…