TOWNSEND, J.
(After stating the foregoing facts.) It appears from the undisputed evidence that two adjoining landowners used identical marks for their cattle; that the cattle bearing this mark were rounded up by the defendant and identified by his employer as his own cattle (or his wife's cattle) and by him sold and that the defendant received a not unreasonable sum for the work he did in rounding up the cows and helping to take them to the market. As stated in
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