APPEAL from a judgment of the Superior Court of the County of Apache. Levi S. Udall, Judge.
Mr. Earl Platt and Mr. Guy Axline, for Appellant.
Mr. M. V. Gibbons, and Mr. James V. Robins, for Appellees.
LaPrade, J. Stanford, C. J., and Morgan, J., concur.
[62 Ariz. 215]
Sam Branker, appellant, instituted his action in the court below against Wirt G. Bowman and V. D. Brown as individuals and as copartners doing business under the firm name and style of "Bowman & Brown," seeking to recover damages in the sum of $ 2,600, itemized as $ 2,250 loss of profit and $ 350 to cover original deposit. He alleged breach of contract on the part of the defendants to deliver certain cattle purchased by plaintiff from defendants under written contract dated October 6, 1941. The contract in part reads as follows:
"Contracted from Bowman & Brown approximately 80 cows and calves at $ 80.00 a pair, at 10% cut at $ 70.00 and approximately 70 dry cows at $ 50.00 at 10% cut at $ 40.00. Deposit of $ 350.00. Cattle to be received anywhere from Nov 1 to Nov 15.
Bowman & Brown
V. D. Brown."
Plaintiff further alleged that the cattle were to be delivered at the stockyards at Chambers, Apache County, Arizona; that on November 11, 1941, he advised defendant Brown that he would receive the cattle on November 15th as contracted; that the defendants failed and refused to deliver the cattle on November 15th; and that they had in fact on or about the 10th day of November shipped the cattle by railroad to Maricopa County, Arizona.
The defendant Wirt G. Bowman answered separately. His verified answer denied that he was or ever had been a copartner of defendant V. D. Brown.
Brown denied any partnership with Wirt G. Bowman, and alleged that he was a copartner of one Teresa V. Bowman, wife of the defendant Wirt G. Bowman; admitted that he entered into the foregoing contract with plaintiff on behalf of himself and Teresa V. ...