O'CONNELL v. Haggerty

MR. JUSTICE BOTTOMLY:

This is an appeal by the plaintiff from a judgment of the district court in favor of the defendant, in a claim and delivery action.

From the record it appears that the plaintiff and defendant met in Browning, Montana, in April 1947, and entered into an oral contract to the effect that defendant would pasture plaintiff’s steers at the rate of $1.50 per head per month.

Thereafter plaintiff delivered the steers to the defendant. The evidence is conflicting as to the number of cattle delivered and the date they were delivered to defendant and the date they were delivered back…