Show pardon sued 11 J whalen has entered suit against pardon dodds jr to recover damages in the sum of he asks also that defendant pay attorney fees and the court costs ahe papers were filed with the clerk of the district court by pope hanson attorneys for the plaintiff whalen alleges that on or about april 10 of this year lie entered into a contract avith ith dodds bodda whereby the latter was to sell and deliver to him in browns park head of stock cattle at 18 50 per head and that at the time the contract was made he paid to dodds the sum of the balance was to be paid when the cattle were delivered june 25 declares tho the plaintiff the defendant told him in the presence of witness that lie he would riot not deliver the cattle as per contract |