ARCHER v. ROSS

No. 15403.

262 S.W.2d 213 (1953)

ARCHER et al. v. ROSS et al.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied November 6, 1953.


Attorney(s) appearing for the Case

Fannin & Fannin, and Oliver W. Fannin, Fort Worth, for appellants.

Martin & Moore, Brewster, Pannell, Leeton & Dean, and Wm. C. Pannell, Fort Worth, for appellees.


RENFRO, Justice.

On February 23, 1951, Ross and Sensibaugh agreed to sell to J. E. McLelland a large number of cattle to be delivered at a later date. McLelland paid $40,000 cash as a partial payment and agreed to pay the balance upon delivery of the cattle. Subsequent to the above date, McLelland showed Fred Archer some cows and calves, known for descriptive purposes as the Kenneth Cook cows. Archer agreed to buy 250 cows with calves and paid McLelland a $10,000...

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