Jesse N. Peavey and Cary W. Holsapple V‪.‬

Plaintiffs-respondents, Jesse N. Peavey and Cary W. Holsapple, doing business as JNP Cattle Co., a partnership, (hereinafter JNP) brought this action against defendants-appellants, Albert Pellandini, Jr., individually, and Robert Pellandini, individually, and Pellandini Cattle Co., a partnership (hereinafter Pellandini) to recover monies allegedly due for feeding and caring for approximately 900 head of Pellandini cattle for approximately 60 days in early 1973. The claims of JNP totalled $13,954.43, without specifying whether based on an express or implied contract, or whether written or oral. Pellandini in their answer and counterclaim alleged that the feeding-caring agreement was oral and that it was at the rate of 25 cents per pound gained (with a promise of a minimum per day gain of one pound), and actual cost of medications. Pellandini also alleged that this weight-gain promise was not fulfilled because of the failure of JNP to properly otherwise care for said cattle. Pellandini further alleged that the total weight gain was 30,211 pounds, when in fact it should have been much higher, without specifying how much higher.