Citations
- 262 S.W.2d 205
Full opinion text
BOYD, Justice.
On February 23, 1951, áppellee J. E. Mc-Lelland and appellants W. R. Ross and R. O. Sensibáugh entered into the following contract in writing:
“Cattle Contract
“State of Texas
“County of Tarrant
“This contract made and entered into this 23rd day of February, 1951 by and between J. E. McLelland of Freestone County, State of Texas, Party of the First Part, and W. R. Ross & R. O. Sensibaugh of Tarrant County, State of Texas, Party of the Second Part, witnesseth:
“That the first party has this day agreed to purchase, and the second party has this day agreed to sell and deliver unto the first party at shipping pens f. o. b. cars Benjamin, Texas, from this date to June 1, 1951 the following described cattle at prices herein set-forth.
“Fifteen (1,500) hundred cattle, with calves thrown in, at $283.50 per head. These cattle are carrying circle brand behind left shoulder and located on the W. R. Ross Ranch in King County, Texas.
“Said cattle are to be delivered, if requested, by pasture. The Party of the First Part agrees to give the Party of the Second Part at least seven (7) days’ notice of delivery.
“The cattle are carrying about the following old brands: 550 C_0 & ^ 250 V V > 182 shash on nose, and the balance with various brands.
“The Party of the First Part is to pay in full for the first 500 head received, and as he receives the balance he is to deduct $40.00 per head until delivery is completed, where-in he will have. received credit for the $40,000.00 deposit.
“In addition to the above cattle, there will be forty (40) baloney bulls, owners cut, at 25 cents per pound, with three percent shrink, to be weighed at the W. R. Ross Ranch in King County, Texas. Said bulls to be delivered July 1, 1951.
“All unmerchantable cattle such as lump jaws, bad eyes, cripples or defective cattle of any kind shall be taken out before the ten percent cut is made.
“Second party acknowledges receipt of $40,000.00 paid by first party, as partial payment on said cattle, balance to be paid upon delivery of the cattle at $283.50.
“In witness whereof said parties have set their hands in duplicate the day and year above written.
“Witnesses