BAER BROS. LAND & CATTLE CO. v. PALMER

No. 3317.

158 F.2d 278 (1946)

BAER BROS. LAND & CATTLE CO. v. PALMER et al.

Circuit Court of Appeals, Tenth Circuit.

November 13, 1946.


Attorney(s) appearing for the Case

Albert T. Frantz, of Denver, Colo. (L. E. F. Talkington, of Denver, Colo., on the brief), for appellant.

Ivor O. Wingren, of Denver, Colo., and Frank Delaney, of Glenwood Springs, Colo., for appellees.

Before HUXMAN and MURRAH, Circuit Judges, and BROADDUS, District Judge.


BROADDUS, District Judge.

This appeal presents for review the correct measure of damages for breach of a contract of pasturage, the withdrawal from the jury's deliberation of material evidence bearing thereupon, the subsequent instruction directing consideration of the evidence so withdrawn, and the effect of an attempted curative instruction. While these points present appellant's major complaint other errors are asserted which necessitate examination.

The...

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