Southern Pacific Co. v. Oregon Growers Co-Operative Ass'n

The Southern Pacific Company brought two actions to recover transportation charges claimed to be due from the Oregon Growers Co-operative Association. In one the United States Fidelity and Guaranty Company was joined as defendant be cause of an undertaking it had entered into guaranteeing payment of the charges. In the other the Association was the sole defendant. The two actions were consolidated hy stipulation of the parties and tried by a jury. The trial court gave judgment of non-suit as to the surety company and entered judgment upon the verdicts against plaintiff in both actions. From…