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

D owns a cattle ranch and P is a cowboy. P and D made an agreement that P would go to D's ranch and, later, both would go to Canada. They changed their plans and decided that, while D went to Canada, P would stay at the ranch and do the necessary work. P was to work 16 weeks for a money consideration of $400.00. P claims that as an additional consideration he was to receive a brown horse called Keno, owned by D. D states that P was to get the horse only on condition that his work at the ranch was satisfactory, and P failed to do a good job. D did not deliver the horse. The horse was unbroken, but while at the ranch P trained the horse and, with a little additional training, he will be a first-class roping horse. The court ruled in favor of P and D appealed.

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