Showers

In the summer of 1922 D. G. Maxwell, being the owner of a herd of registered Holstein cattle, entered into an agreement with the plaintiff, by the terms of which the latter engaged to conduct an auction sale of the cattle. The agreement provided that there should be “no by-bidding, direct or indirect,” and that the owner should pay a penalty of twenty-five per cent in case of proof of by-bidding. The sale was conducted August 30 and 31, 1922. The defendant purchased a bull at this sale for $1,150, of which sum he paid $385 in cash and agreed to pay the remainder of $765 on August 31, 1923, with interest at eight per cent per annum, upon the payment of which it was agreed that Maxwell would deliver to the defendant “a good and sufficient bill of sale of the said property, together with warranty of title. ’ ’ The contract provided that title should remain in Maxwell, or his assigns, until payment was made in full, but that the defendant “assumed all responsibility for loss or damage of said property by reason of fire or improper care thereof, or any other cause whatsoever, and hereby agrees to insure said property against loss or damage by fire or death from any cause to the full…