OLLENNU J.A.
The respondent, hereinafter referred to as the plaintiff, sued the appellant, hereinafter referred to as the defendant and claimed:
“Thirteen cows out of 46 cows produced by the original two calves deposited by the defendant with the plaintiff for agistment or alternatively five hundred and twenty pounds (£G520) being the value of the thirteen cows at £G40 per cow. Ten shillings (10s.) being money which the defendant promised to pay in respect of the first two cows produced, and Seventeen pounds ten shillings (£G17 10s.) being balance of medical expenses incurred in respect of the defendant’s cows deposited with the plaintiff.”
In his statement of claim supporting the writ he pleaded inter alia:
“(1) The plaintiff is a cattle owner possessing a kraal.
(2) By an oral agreement between the plaintiff and the defendant in 1936 the plaintiff undertook to agist, feed, breed and take care of two cows deposited by the defendant with the plaintiff.
(3) In the above-mentioned agreement…