KAUFMANN v. BALDRIDGE

Nos. 3453, 3454.

162 F.2d 793 (1947)

KAUFMANN v. BALDRIDGE. SAME v. PORTER.

Circuit Court of Appeals, Tenth Circuit.

July 17, 1947.


Attorney(s) appearing for the Case

Gore & Babbit and Jas. J. McNamara, all of Clovis, N. M., for appellant.

Otto Smith, Fred E. Dennis, and Lynell G. Skarda, all of Clovis, N. M., for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

On January 12, 1946, Kaufmann and Baldridge entered into a written contract whereby Baldridge agreed to sell and Kaufmann agreed to purchase about 200 head of steers at $14.75 per hundred-weight, to be delivered and weighted weighed at Clovis, New Mexico, between February 7, 1946, and April 1, 1946, at buyer's option, or as soon thereafter as railway cars for shipment could be obtained. The contract provided that the cattle should be Grade...

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