Foster v. Brennan

Lively, Judge:

Plaintiffs recovered judgment of $648.85 against defendant for an alleged breach of contract; and defendant prosecutes this writ of error.

In October, 1929, defendant, a cattle dealer, purchased ten heifers from a Dr. Life which he, in turn, sold to plaintiffs and immediately repurchased them for delivery after July 15th, following, at 9%c per pound. Under this contract (evidenced by a paper writing executed by defendant on February 11, 1930), defendant agreed to take fourteen heifers after July 15, 1930. The evidence is not clear as to where the additional four heifers came…