Fowler

Defendant appeals from a judgment in favor of plaintiffs for the sum of $4,603.50 and interest, damages alleged to have been suffered by the plaintiffs because of the failure and refusal of the defendant to accept and pay for eight head of registered jennets.

The defendant, Thornberry, a dealer in livestock, entered into an agreement in writing with the respondents and G. P. Thornburg for the sale by him to them of ten head of registered jennets, to be brought by Thornberry from Missouri, at an agreed price of $6,000, the respondents and Thornburg to accept such jennets as might be selected by Thornberry as satisfactory stock, the purchase price to be evidenced by promissory notes of different amounts. The-jennets were shipped from Missouri by appellant in a lot containing twenty-eight head. Upon arrival at the stockyard at Bakersfield, ten jennets, identified by means of certain numbers burned into one of the hoofs of each animal, were sorted out by appellant and one of his employees, and were delivered to and were accepted by respondents and Thornburg. Some time later certificates of registration, containing the pedigree of each jennet and its registration number, were issued…