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DAVIS v. LENHOFF

No. 9179.

50 N.W.2d 213 (1951)

DAVIS v. LENHOFF.

Supreme Court of South Dakota.

Rehearing Denied January 28, 1952.

Attorney(s) appearing for the Case

L. A. Melby, Faulkton, Roy A. Nord, Madison, for defendant and appellant.

Morgan & Neumayr, Gettysburg, for plaintiff and respondent.

LEEDOM, Judge.

Plaintiff, a stock buyer and the respondent here, brought this action to recover damages for the conversion of cattle by defendant, a farmer. The complaint alleges that defendant sold and agreed to deliver to plaintiff 21 or more head of cows and heifers and in violation of the agreement failed to deliver them, and converted them to his own use by selling them to other persons. Defendant admitted in his answer that he agreed to sell plaintiff

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