Durfee

This action is brought for a balance upon an alleged contract, made in 1893, for breeding, training, feeding, and shoeing six brood mares, the property of the appellant, Thomas Seale. At the time of the contract, plaintiff, who resided at Los Angeles, owned a racing stallion known as “McKinney,” kept by him at that city for breeding purposes. The defendant, a resident of Santa Clara County, was the owner of six brood mares. An agreement was made between the plaintiff and the defendant, Thomas Seale, whereby said six brood mares were to be shipped to Los Angeles to be bred to said stallion, the defendant to pay the sum of one hundred and fifty dollars for each of five of said mares, the other one to be bred on shares. The said mares were accordingly shipped, bred, and thereafter brought from Los Angeles to Santa Clara County, by Alfred Seale, the other defendant, who, before taking them, paid to the plaintiff the sum of five hundred dollars and gave his individual note payable on demand for the balance of the account. It is for this balance that this action is brought. In his answer appellant pleaded payment, and, as an additional defense, alleged that the contract made between…