Bogue

Bogue v. Roeth

Good Law
1929 Cal. App. LEXIS 576·98 Cal. App. 257·276 P. 1071
Court of Appeal of CaliforniaApril 12, 1929Docket No. 3708.California3,101 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from separate verdicts and a judgment for damages in favor of the plaintiff and also in favor of the intervener in an action to replevin 1150 head of cattle which were held by the defendants upon a claim of lien to secure the payment of an account for pasturage.

The defendants held a lease on 7,500 acres of pasture land in Glenn County. The plaintiff was the owner of more than 1100 Hereford cattle, for the grazing of which he con tracted to pay the defendants not to exceed $8,250 computed at the rate of $2.50 apiece per month for 1,000 cows for a period of three months, and $2 apiece per month during the same period for all stock in excess of that number, estimated at about 125 additional cows. Pursuant to this agreement plaintiff’s cattle were delivered to the defendants for pasturage in December, 1924, and a large proportion of them were retained until the latter part of May, 1925. Three hundred and ninety-five cows were redelivered May 10, 1925. The remaining stock was held by the defendants under a claim of lien to secure the unpaid charge for pasturage. April 5, 1925, the plaintiff contracted to sell to the intervener L. E. Walker 1050 head of cattle at a…

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