- 37 - and Mr. Hoyt each testified that, during their negotiations, specified groups of breeding sheep were identified and possible purchase prices for them were discussed. Ultimately, Mr. Barnes provided pertinent information to a Hoyt organization employee on the specific breeding sheep that each partnership was supposedly to purchase, as this employee prepared the bill of sale, along with the Schedule A attached thereto, that Mr. Barnes then signed and issued to a partnership. The Court finds substantial portions of Mr. Hoyt's and Mr. Barnes' trial testimony highly questionable and not credible. Indeed, much of their testimony was evasive and less than forthright. Initially, Mr. Hoyt specifically testified that when a partnership consummated its transaction, he and Mr. Barnes reviewed the Schedule A attached to the bill of sale. He further claimed that, to the best of his knowledge, the Schedule A (listing and identifying the specific breeding sheep that each particular partnership purportedly purchased from Barnes Ranches) was accurate.16 As the Court determined in its findings of fact, 16 Mr. Hoyt testified, on cross-examination, as follows: Q. Okay. Mr. Hoyt, the bills of sale that we've talked about for #4 and #6--and I'd be happy to show you one--they're signed by David Barnes, is that correct, as the seller? A. That's my memory, yes. Q. The attachments [i.e., Schedule A's] to the bills of sale, who prepared those? (continued...)Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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