Hull

This is an appeal from a judgment rendered in favor of defendant in a suit to rescind a contract to purchase certain registered' cattle. Appellant asserts that the findings of the trial court are so conflicting and irreconcilable as to require the reversal of the judgment. The evidence adduced at the trial is not before this court.

The findings of the trial court were to the effect that on November 13, 1922, defendant agreed in writing to sell plaintiff fourteen head of registered cattle and four head of unregistered stock for the sum of $3,500; that said pedigreed stock was registered with the American Jersey Cattle Club of New York and that the defendant held the certificates of such registered stock in his own name; that by the terms of said contract defendant agreed to “execute and deliver to this plaintiff a good and sufficient bill of sale of said cattle, together with a warranty of title”; that as part consideration for the purchase of said cattle plaintiff relied on the fact that said cattle were blooded and registered, which would render them more valuable for breeding purposes and for resale; “that the defendant did not, and has not, at any time failed or refused to…