Leffingwell

A contract was entered into by plaintiff and defendant whereby plaintiff agreed to furnish pasturage for certain horses and mules of the defendant at the rate of $2.00 a head per month. Five colts were to be pastured at the rate of $1.00 a head per month. Some of the animals were turned into plaintiff’s pasture on November 6, 1921, and others on November 17, 1921. By the terms of the agreement defendant was to remove his stock as soon as possible after the commencement of the rainy season. Plaintiff alleges that the stock was not removed until February 23, 1922. She asks judgment for $353.30 for pasturage and an additional sum of $500 claimed to be due on account of damages done to her premises by the presence of the stock during the rainy season. Defendant alleges that on December 21, 1921, he tendered to plaintiff the sum of $100 and offered to remove his stock. He claims that there was due at that time only the sum of $98.80. Defendant filed a cross-complaint, in which he claims that he has suffered damages in the sum of $777 occasioned by the conduct of plaintiff in not properly taking care of his stock. The trial court found that there was due plaintiff the sum of $342 for…