Humbert v. Crump

Citations

• 66 Kan. 57
• 71 P. 239
• 1903 Kan. LEXIS 3

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Pasturing Cattle — Proof of Unavoidable Accident. Under a contract one party turned over to another a herd of cattle to be grazed for the season at a certain rate per head, and it was agreed that all of the cattle should be returned at the end of the season, unavoidable accident excepted. There was a stipulation in the contract that “in the event of such accident, as proof thereof, said first party shall furnish evidence thereof, which shall be the brand upon said missing cattle. ” All but five of the cattle were returned, and the brands on these five were not produced because the cattle had died, and the carcasses were not discovered until the brands had been obliterated and destroyed. All of the cattle had been properly cared for, and those for which an action was brought had died without fault or neglect of the agistor. Held, that the inability of the agistor to produce the brands on the missing cattle which had been lost by unavoidable accident did not make him liable to the owner for their value.</p>