Brash v. Gulleson, No. 20120313, 2013 N.D. LEXIS 142 (N.D. Sup. Ct. Aug. 29, 2013)

(plaintiff ran cows on defendant’s ranch via oral 60/40 share arrangement; defendant cared for and fed livestock in return for 60 percent of calf crop; plaintiff, a veterinarian, provided veterinarian services; in fall of 1997, plaintiff supervised inventory and evaluation of cows on ranch in which plaintiff had 108 cows; written lease executed in 2000 with plaintiff to provide 130 cows to be cared for by defendant with plaintiff receiving 40 percent of calf crop; plaintiff died in 2004 and defendant returned seven of plaintiff’s cows; plaintiff’s estate representative sued for breach of contract; trial court determined that plaintiff failed to furnish 130 cows as contractually required amounting to failure of consideration and the estate representative did not prove defendant’s breach; appellate court affirmed).