Tuttle v. Quincy, Omaha & Kansas City Railroad

WILLIAMS, C.

This case comes to us from the circuit court of Adair county. The case was tried on the agreed statement of facts. The facts are, that plaintiffs' called the defendant station at Kirks-ville-on September 14, 1923, placing an order for two stock cars for the shipment of'cattle to Chicago, September 16, 1923. The agent said he would endeavor to provide the ears for the 16th. About noon on September 15th the agent notified the plaintiffs that he would be unable to furnish cars for shipment on' the 16th. However, at about three o’clock P. M., two empty stock cars were placed by…