Wade

Action for money due in three counts involving three separate transactions for the purchase, feeding and fattening, and resale of cattle. Plaintiff is a medical doctor who maintained a ranch in the Coachella area. Defendant, operating as Diamond A Cattle Company, conducted a feed yard on its own account and as agent and factor purchased, fed and fattened, and resold cattle for the account of its principals including plaintiff. Operating under the name of its alter ego* Coachella Valley Finance Company defendant also financed its customers’ purchases up to 75 percent of the purchase price. The amount so financed with interest was deducted from the sales price at the time of resale.

Counts two and three involve transactions covering respectively 147 head of cattle purchased for the account of plaintiff on June 9, 1969, and 145 head of cattle purchased for the account of plaintiff on July 7, 1969. There is no dispute regarding these contracts. Defendant admitted it owed plaintiff $2,664.68 under count two and $6,751.35 under count three.

In count one plaintiff alleged that sometime prior to July 30, 1969,. defendant orally agreed to purchase 1,051 head of cattle for…