Leon Reporter, Leon, Iowa
Thursday, October 8, l903

'The Sale of Two Short-Horn Cows Rivals the Celebrated Jones County Calf Case.'

Decatur County has a law suit pending which bids fair to rival the celebrated Jones County calf case which was in Iowa courts for nearly a score of years. It is the case of CAL GORSUCH vs. HUGH T. WILEY, and has already been tried three times, and then appealed to the District Court. Last November WILEY had a public sale of thoroughbred Short-Horns, and among the animals sold were two cows which were purchased by GORSUCH. In the catalogue of the cattle sold, MR. WILEY stated that no guarantee for future usefulness of the cattle sold is made, but at the time they were sold, the auctioneer stated that these two cows would bring calves at a stated time. They failed to do so and GORSUCH brought suit for $75 damages for breach of warranty. At the first two trials the jury disagreed, and at the third trial held last week before Justice S.L. Wood, at Davis City, the jury returned a verdict in favor of the defendant, giving him judgment against plaintiff for the costs in the case, which up to this time amount to $ll2, in addition to the attorney fees, both parties having engaged considerable legal talent. The plaintiff was represented by W.B. Kelley, of Lamoni, and V.R. McGinnis, of Leon, while for defendant appeared B.M. Russell, of Lamoni, F.J. Horton, of Davis City, and Geo. W. Baker, of Leon. The plaintiff has filed notice of appeal to the District Court, and the case will have to be tried again. No matter what the final outcome is, it will be pretty expensive business for all concerned, and they could have bought several calves with the money already spent in the case.

Copied by Nancee(McMurtrey)Seifert

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