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BOWERS v. WESTERN LIVESTOCK COMPANY

No. 7865.

103 N.W.2d 109 (1960)

Alfred W. BOWERS, Plaintiff and Respondent, v. WESTERN LIVESTOCK COMPANY, Inc. a (domestic) corporation, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 26, 1960.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for plaintiff and respondent.

T. F. Murtha, Dickinson, for defendant and appellant.

TEIGEN, Judge.

This is an action brought to recover the sale price of 19 calves sold through the defendant livestock company on the theory of the right to recovery based on Section 36-0512, North Dakota Revised Code of 1943, which reads as follows:

"The operator of each livestock sales ring shall warrant to the purchaser the title of all livestock bought by him through such sales ring and shall be liable to the...

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