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MUIR v. FERGUSON

No. 398.

53 F.2d 846 (1931)

MUIR v. FERGUSON.

Circuit Court of Appeals, Tenth Circuit.

December 2, 1931.

Attorney(s) appearing for the Case

J. S. Vaught, of Albuquerque, N. M., for appellant.

J. O. Seth, of Santa Fe, N. M., for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and JOHNSON, District Judge.

LEWIS, Circuit Judge.

Ferguson recovered damages for breach of contract, trial by jury being waived. By written contract, Muir sold to a named party "400 steer calves more or less; all steer calves in brand born prior to July 1st, '27, also 300 heifer calves same age. * * * to be in good, strong, shipping condition, to be healthy, and to contain no unmerchantable cattle. * * *" Muir agreed to make delivery between November...

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