Brown

This litigation, commenced in the state court and removed to the United States District Court of Arizona, on the basis of diversity of citizenship, 28 U.S.C.A. §§ 1331 , 1391, resulted in a money judgment in the court below in favor of appellee-plaintiff. The question presented on the appeal is whether the appellee was entitled to recover from appellants-defendants a portion of the purchase price of cattle paid in full by appellants to an alleged agent of appellee who failed to make full payment of the amount collected by him to the appellee.

The facts necessary to be stated are substantially as follows:

In October of 1946, appellee, an Arizona corporation, one Roy Adams of Tucson, Arizona and one Guy Porter of Amarillo, Texas, all engaged in the business of raising, buying and selling cattle, entered into an arrangement for the purchase, feeding and sale of some 1900 head of steers. Ap-pellee paid the purchase price of the steers and Adams and Porter were to feed and care for the cattle and arrange for their sale, both the profits and losses to be shared equally among the three.

In the spring of 1947, after selling part of the 'cattle in Texas, Adams shipped the remainder to…