Action by Alfred Sully against the Red River Cattle Company of Texas and others, to recover damages for a breach of a contract set forth in a bill of sale of cattle running on a range and in the pastures of the company. Judgment for plaintiff. Defendants appeal. Affirmed.

No copy of the bill of sale was set out in the record, but in the brief of counsel for plaintiffs in error it was stated that the questions involved were as follows:

'(1) Under the contract, should the winter loss from December 29, 1883, to October 1, 1885, be added to the number of cattle actually found and counted? Or should only the winter loss occurring from December 29, 1883, to the spring of 1884, be added to the number actually found and counted?

'(2) Under the contract, before the Red River Cattle Company could recover for any excess over 3,700 head owned by it on the 29th of December, 1883, was it necessary that more than 3,700 should be actually found and counted? Or was it only required that the number actually found and counted, when added to the winter loss occurring after December 29, 1883, should exceed 3,700 head?'

Sawnie Robertson and W. O. Davis, for plaintiffs in error.

James M. Brown, for defendant in error.

MR. CHIEF JUSTICE FULLER.