This section contains the nature of the case and procedural background.

West (D) purchased Bascom's Folly from a Dr. Strauss, and upon arrival, it was determined that the horse was lame. D ordered the horse returned to Dr. Strauss. The Dr. refused to accept delivery, and the driver then brought the horse to Bailey's (P) farm on May 3, 1962, where the horse remained until July 3, 1966. Bills were sent to D for the board, and care of the horse and D returned the bills with the notation that he was not the owner of the horse. The trial court concluded that there was an implied in fact contract between P and D to board the horse and that the contract continued until P received notice from D that he would not be responsible for the horse. The trial court found notice after five months and awarded P the cost of boarding the horse for five months. P appealed. D cross-appealed.

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