Document Type

Article

Publication Date

10-21-1988

In the Blackfeet Tribal Court of Appeals, the Court granted a Motion to Strike, filed by appellant (Boucher), the Court reversed the lower court’s decision. The appellant Court concluded that the agister (person taking care of animals or livestock) has the primary responsibility for cattle in his care and would bear the burden of animals lost or damaged.

Plaintiffs consigned more than 100 head of cattle to Defendant. The Cattle was inspected by a State brand Inspector. Several cows remained missing. There was no written contract between the ranchers, only a verbal agreement. The Plaintiffs did not have the opportunity to account for and inspect the cattle prior to them being loaded onto Defendant’s truck. There was no agreement reached in case some of the cattle died or strayed.

Local ranchers commonly do business “on a handshake” and if the agreement on responsibility for loss or damage of cattle is not understood during negotiation, then there is no handshake. In absence of a written contract, the court will apply the common custom of the Blackfeet Reservation which requires the agister to be responsible for producing the cow or the carcass. On remand, the Court concluded that Plaintiff’s would recover $1,000, the amount withheld from final payment for pasturing the cattle.

Brown v. Boucher, 88-AP-8 (BLKFT. Tr. Ct. App., Oct 21, 1988)

COinS