McLane, Swift & Co. v. Botsford Elevator Co.

In the fall of 1901, plaintiff shipped certain oats from Battle Creek, Mich., to the eastern cities. It arranged with defendant to clip these oats at its elevator in the city of Port Huron, and to reship them on their original bills of lading. While these oats were in defendant’s elevator, and before they were clipped, the *665building and the oats were accidentally destroyed by fire. It is affirmed by plaintiff, and denied by defendant, that, if the latter had faithfully performed its obligations, the oats would have been shipped from the elevator before the fire occurred. Assuming plaintiff’s…