Phillips

Phillips v. Feeders

Good Law
1964 Cal. App. LEXIS 1524·230 Cal. App. 2d 951·41 Cal. Rptr. 443
Court of Appeal of CaliforniaNovember 30, 1964Civ. No. 414California2,536 words

Opinion

Lead Opinion

Conley, J.

Vaquero Cattle Co., a copartnership, and Osage Cattle Co., a corporation, sued Western Cattle Feeders, as a result of the feeding by defendant of cattle owned by the respective plaintiffs at Blythe, California. Originally, each plaintiff sued separately, but because of the similarity of the issues the cases were consolidated.

Appellants make five contentions for reversal. These various claims are individualistic in nature and the decision as to one or more of them does not necessarily control the others. The first four claims are based on contract; the fifth on an alleged tort—malicious interference with business relations. The points urged by appellants are:

All parties were engaged in some phase of buying young cattle and feeding, fattening, and selling them. Title to the stock here involved was in plaintiffs, subject to mortgages in favor of the California Bank; the actual feeding of the cattle for compensation was carried on by the respondent, Western Cattle Feeders, at its feed yard at Blythe, California.

The principal shareholders of the Osage Cattle Co. were Vaquero Cattle Co., a copartnership, consisting of George W. Phillips and his two sons, William R. Phillips and P.…

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