The Alberta Law Reports Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... 222. The defendant was on hand at the appointed place and time with his cattle but the plaintiffs did not appear. Being unable to wait for them very long beyond the agreed hour he left before they came. Instead of driving the cattle home again, a distance of ten miles, he left. them at Coulson's. The evidence as to the arrangement under which they were so left is given by Coulson and the defendant and by no one else. Coulson says that the arrangement was that if the plaintiffs came along with the money for the cattle he was to take it and either pay it to the defendant at Leduc or pay it into a bank at Edmonton and have it wired to the defendant's credit at his bank in Leduc. This story the defendant denies. His version of the arrangement is that Coulson was to see that the plaintiffs came to Leduc that same afternoon to pay for the cattle. This appeals to me as the more probable of the two stories and I, therefore, accept it. The plaintiffs were perfect strangers to the defendant and he knew absolutely nothing of their circumstances. Coulson is a man against whom, to the knowledge of the defendant, judgments have been outstanding, and Coulson himself did not know even at the trial whether they had been satisfied or not. The purchase price of these cattle amounted to $955.50 and it seems hardly likely that the defendant would part with cattle of that value to perfect strangers without getting his money or that he would entrust so considerable a sum to a custodian so financially unsound as Coulson seems to have been. The money was not forthcoming on either that or the following day, and nothing whatever was heard by the defendant either of or from the plaintiffs or Coulson. The defendant's wife went to Edmonton by the...