City of Dallas v. Milum

BOND, Chief Justice.

This suit was filed by appellant City of Dallas (plaintiff) against appellee Phil J. Milum d/b/a The Dallas Bonded Warehouse (defendant), vouching in Associated Indemnity Corporation, his indemnity insurer, for damages to 500 cases of eggs. The suit is based on breach of contract and, in the alternative, on negligence of appellee as a public warehouseman.

Plaintiff alleges, in effect, that on or about March 6, 1944, for and in consideration of 14 cents per case for the initial month and 10 cents a month thereafter, the defendant contracted and agreed to store 500 cases of…