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BYRD v. SUMMERS

No. 4588.

205 F.2d 413 (1953)

BYRD v. SUMMERS et al.

United States Court of Appeals Tenth Circuit.

June 11, 1953.

Attorney(s) appearing for the Case

S. J. Clendinning, Tulsa, Okl. (R. M. Mountcastle, Muskogee, Okl., was with him on the brief), for appellant.

C. A. Ambrister, Muskogee, Okl. (Carland Smith, Okmulgee, Okl., was with him on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

Summers and Shipley were the owners of certain winter pasturage located near Muskogee, Oklahoma. In October, 1951, they requested Joe Brown to locate a person desirous of obtaining such pasturage. Brown contacted Byrd and made an oral agreement to furnish such pasturage to Byrd for the pasturing of 500 head of steers for a consideration of $15.00 per head. Thereafter, Byrd entered into a written contract with Summers and Shipley in which Byrd...

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