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71 Colo. 296

Manby v. Hibbard

Supreme Court of Colorado

Decided April 3, 1922

Supreme Court of Colorado · decided 1922-04-03

<p>1. Contract — Modification. Record reviewed and held not to establish that there was any binding contract for the modification of an agreement for the purchase and sale of sheep.</p> <p>2. Principal and Agent — Ratification. The contention that there was any agency and a ratification of the acts of the alleged agent by the principal under the facts of this case, overruled.</p>

Affirmed · Decided 1922-04-03

Mr. Justice Denison

¶1specially concurring.

¶2I do not agree that there was no contract for the pur*300chase of the Oregon sheep; but it was essential to the plaintiff’s case that he show himself ready to deliver 2000 sheep f. o. b. Condon, April 15th and his evidence showed he was not. The judgment was therefore right.

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