Armstrong v. Wilcox

This was an action by Armstrong for the price of a carload of fruit shipped by him from Terra Ceia, Fla., to Wilcox at Montgomery, Ala. The evidence went to show that much of the fruit was spoiled when it reached Montgomery, though in prime condition when loaded into the car. Defendant refused to accept the fruit, and the sole question presented for consideration is whether, as between the parties, the shipment was at the risk of plaintiff or defendant.

Omitting some preliminary correspondence, not necessary to be stated, the effect of what passed between the parties by wire and mail — to…