Crocker v. Cagle
| Decision Date | 31 January 1921 |
| Docket Number | 22943 |
| Citation | 87 So. 299,148 La. 574 |
| Court | Louisiana Supreme Court |
| Parties | CROCKER v. CAGLE |
Appeal from Fifteenth Judicial District Court, Parish of Beauregard Jerry Cline, Judge.
Action by Benjamin F. Crocker against T. J. Cagle. Judgment for defendant, and plaintiff appeals.
Reversed and rendered.
Kay & Plauche, of De Ridder, for appellant.
Elmer L. Stewart and Frank E. Powell, both of De Ridder (Frank E Powell, of De Ridder, of counsel), for appellee.
O'NIELL, J.
Plaintiff appeals from a judgment rejecting his demand for $ 1,900 damages for an alleged breach of contract for the sale of 300 head of cattle, and for $ 500 which plaintiff paid as part of the price of the cattle.
The defense is that defendant complied with his contract by delivering to plaintiff the 300 head of cattle. He did deliver more than 300 head of cattle. The only question at issue is whether the delivery was a compliance with the original contract or was a separate transaction.
The original contract was made verbally on or about the last day of February, 1917. The agreement was between defendant and the firm of Frazar & Crocker, of which firm plaintiff was the junior member, and he subsequently purchased his partner's interest and succeeded the firm in business. There are several discrepancies between the testimony of plaintiff and that of defendant with regard to the details of the agreement. Plaintiff says that the agreement was to deliver exactly 300 steers, of which 100 were to be two-year olds, at $ 27 per head, 100 were to be three-year olds, at $ 31.50 per head, and 100 were to be four-year olds or older, at $ 37.50 per head; and that all of the cattle were to come from defendant's home herd, being the herd on the range surrounding his home. Defendant says that the agreement was to deliver, not exactly 300 head of cattle, but about that number, to be composed of two-year olds, three-year olds, and four-year olds and older, and that he had the right to include cows as well as steers, the cows to be sold at the same price as the three year old steers. He denies that the cattle to be delivered were to be in the exact proportion of one-third two-year olds, one-third three-year olds, and one-third four-year olds and older, but admits that the prices agreed upon were $ 27 per head for all two-year olds delivered, $ 31.50 per head for all three-year olds, and $ 37.50 per head for all four-year olds and older; and he avers that all cows delivered were to be paid for at the price of the three year old steers. He denies that he was obliged to deliver the cattle from his home herd, and avers, on the contrary, that it did not concern the purchaser whether the cattle came from his home herd or from any other place.
Defendant delivered to plaintiff, in March, April, and May, 1917, 381 head of cattle, consisting of 112 two year old and 78 three year old steers, 131 cows, 24 yearlings, and 36 "culls." The culls are defined as cattle which do not come up to the standard weight for their age. The 36 culls and 24 yearlings were, of course, not included in the original contract; but the remaining 321 head of cattle that were delivered were of the grades called for by the contract, provided cows were to be included. None of the cattle delivered came from defendant's home herd. The first delivery, made on or about the 17th of March, 1917, was of 20 head of cattle which defendant bought from a man named Jackson. The second delivery, made in the early part of April, 1917, consisted of 20 two year old steers, two three year old steers, 4 cows and 24 yearlings, all of which defendant also bought from Jackson. Plaintiff paid defendant $ 16 per head for the yearlings, $ 27 per head for the two year old steers, and $ 31.50 per head for the cows and three year old steers. Defendant had then delivered 46 head of cattle, not including the 24 yearlings. Thereafter he went to Mississippi for the purpose of buying cattle, and was accompanied by a man named Cochran, who intended to buy sheep. While in Mississippi, defendant and Cochran formed a partnership for the purpose of buying and selling cattle, and it was agreed between them that the firm should fulfill defendant's contract with plaintiff. Having bought nearly 900 head of cattle in Mississippi, they agreed that defendant should remain in Mississippi and attend to the herding, loading, and shipping of the cattle, and that Cochran should return to De Ridder, where defendant had agreed to deliver the 300 head of cattle to plaintiff, and attend to the unloading and delivery of the cattle. It required then only 254 head of cattle to complete the delivery under defendant's contract with plaintiff. When 311 head of cattle had been received at De Ridder and unloaded by Cochran, he found them in bad condition, having suffered for want of water and feed and because of the hardships of the journey. Considering the cattle, therefore, not fit for delivery under defendant's contract with plaintiff, and knowing that he would yet receive far more than enough cattle to fulfill the contract, Cochran pastured the cattle, and undertook to sell the herd to other parties. He did not succeed in disposing of the cattle, but they had improved so much in appearance and...
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