Oliver Wendell Holmes, Jr.

“ It is unnecessary to consider whether the construction of the contract was too liberal in favor of the plaintiff, or whether it embodied the understanding upon which such dealings take place. The jury found that all the cattle were delivered. As to the deficiency in the acreage of fodder, the contract stated that the precise amount was not guaranteed, and the jury found that Snyder was acting on his own inspection. ”

“ We see no reason for not following the opinion of the territorial court, that the facts also constituted duress within the meaning of the statute. See Silsbee v. Webber, 171 Mass. 378, 50 N. E. 555. But it does not seem to matter what they are called if they are found to have existed. Furthermore, we see no ground on which we can go behind the finding that neither side carried out the alleged October contract. There was some evidence to that effect, and we are not concerned with its weight. We do not think it necessary to mention all the points that we have examined. ”

“ The judge instructed the jury that a contract of this kind, for the delivery of a certain number of cattle, is severable, and that, if the whole number of cattle, or the full number of acres of feed, were not delivered, still the plaintiff could recover the contract price, less an allowance for the damage occasioned by the failure. ”