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

P alleged that during 1950-1953 he made payments for D on a farm now occupied by D and that in 1954 he transferred to D a grazing permit worth $1,800 and 18 head of cattle worth $3,000. P further alleges that D orally agreed to pay said sums to him. It is agreed that the original debts are barred by the statute of limitations. D filed a motion to dismiss and P amended his complaint to state that the oral promise to repay occurred in October, 1957. D's motion was denied and D appealed.

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