JOHNSON v. ROBINSON

No. 14216.

203 F.2d 135 (1953)

JOHNSON et al. v. ROBINSON et al.

United States Court of Appeals Fifth Circuit.

April 2, 1953.


Attorney(s) appearing for the Case

Selden Simpson, John R. Fullingim, and Simpson, Clayton & Fullingim, Amarillo, Tex., for appellants.

R. A. Stone, Amarillo, Tex., T. R. Wise, Sayre, Okl., Stone & Stone, Amarillo, Tex., Wise & Ivester, Sayre, Okl., for appellees W. A. Robinson and Vance Shields.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

Stating the facts in the light of the verdict of the jury as to the intention of the parties, the appellees, on the 5th of October, 1950, sold and delivered to Johnny Johnson, in Oklahoma, 66 head of cattle for $13,800, payable when delivered. The transaction was intended by the parties as a cash sale, with the actual change of title being dependent on due payment of the draft for the purchase money when presented at the bank in Mobeetie, Texas...

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