Thompson v. A. J. Tebbe & Sons Co.

McGILL, Justice.

This is an appeal from a judgment of the District Court of Nueces County, 28th Judicial District.

In a trial to the court without a jury ap-pellee as plaintiff recovered a judgment against appellant as defendant for $862.79 with interest from date at 6% per annum as damages to two carloads of onions shipped by plaintiff from Cotulla, Texas, to St. Louis, Mo., and diverted to Chicago, Ill., and there sold for plaintiff by La Mantia Bros. Arrigo Company, wholesale dealers and jobbers of fruits and vegetables.

The petition is in two counts. Count I relates to a shipment in car…