Coleman v. Carstens Packing Co.

Citations

• 85 Wash. 179
• 147 P. 893

Syllabus

<p>Animals — Pasturage—-Action on Contract — Complaint. A complaint states a cause of action for breach of contract to furnish sheep for pasturage, and not a cause of action for the sale of wheat, where it alleges that plaintiff in the month of July sold to the defendant the exclusive right of pasturing two thousand or more head of sheep upon the standing wheat on a certain section of land owned by plaintiff; that defendant agreed to immediately provide the sheep and pasture them until the wheat was fully consumed and pay therefor one-half cent per head of sheep per day; that the wheat was then in good condition for grazing and would have furnished pasturage for 2,000 sheep for ninety days; that defendant failed to furnish- or pasture sheep upon the wheat until about four months later, when it grazed about 3,000 head of sheep upon the land for about one week’s time, and that by reason thereof, plaintiff had been damaged in the sum of $900.</p> <p>Appeal — Review—Verdict. Where the evidence of opposing litigants supports the material allegations of their respective pleadings, the verdict will not be reviewed on appeal.</p>