The parties entered a contract in which Hudson was to provide 100 head of cattle, averaging 500 pounds each, to be "ranged" in the mountains by Morriss, sold, and the funded split according to the contract. Morriss claimed the cattle were underweight and Hudson took back both cattle and certain property that he should pay the plaintiff for. Morriss also alleged that the terms of the contract dictated that Hudson pay for cattle that died on the range.