Walt Baker and Dave Novelle v. Kenneth

HALL, Chief Justice: Plaintiffs brought this action to enforce an agistor's lien on defendant's cattle. 1 Defendant counterclaimed for damages alleging, inter alia, breach of contract. The district court entered judgment against defendant in the amount of $32,140, and dismissed the counterclaim. Defendant appeals. Defendant Kenneth Hansen is a cattle rancher from Evanston, Wyoming. As a result of a severe drought in 1979, he was forced to locate new pasture for his herd of cattle. He entered into an oral agreement with plaintiff Walt Baker (hereinafter Baker), a cattle rancher from Kamas, Utah, whereby Baker would pasture and care for his cows for a period of one year in exchange for 60 percent of the calf crop delivered by the impregnated cows during that year, and reimbursement for the care and feeding of the remaining livestock. Defendant was to have the cows pregnancy tested so that Baker would not be feeding cows for which he would not be compensated in calves. This testing, however, was never performed.