Cases Argued and Decided in the Supreme Court of Mississippi Volume 97 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Statement of the case. came a part of the contract, though the bid was made a morth before the contract was signed, and never incorporated in it. This contention has no merit. The demurrer to the declaration should have been sustained, and declaration dismissed; and this order is directed to be made here. Reversed and dismissed. Malaga Packing Company v. Mabshall Threefoot Bt Al. [52 South. 209.] Sales. F. 0. B. place of shipment. Shipper's direction as to route. Disregard of 'by setter. Liability. Where goods were sold f. o. b. at place of shipment and the seller disregarded the buyer's directions to ship them over a designated railroad and shipped them over another, the seller Is liable to the buyer for any excess of freight thus incurred, but not for delay in the arrival of the goods at the point of destination in the absence of evidence showing that the wrongful routing caused de- lay. From the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Threefoot, and others, co-partners, doing business under the firm name "Threefoot Brothers and Company," appellees, were plaintiffs in the court below; the Malaga Packing Company and others, appellants, were defendants there. From a judgment in plaintiffs' favor defendants appealed to the supreme court. The facts, as stated by Anderson, J., were as follows: Appellant, the Malaga Packing Company, at the time of the transaction involved in this suit, was engaged at its place of business in Malaga, Gal., in the sale of fruits. The appellees, Threefoot Bros. and Co., were wholesale grocery merchants atStatement of the case. Meridian, Miss. On the 25th day of May, 1907, Threefoot Bros. and Co. bought from the Malaga Packing Company a lot of raisins, and on July 24, 1907, they bought a lot of pru...