Kanotex Refining Co. v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages growing out of a contract for the establishment of a freight rate.

There is no dispute as to the facts. The petition disclosed that plaintiff operated an oil refinery at Arkansas City, and in July, 1931, it had an opportunity to purchase 368 carloads of crude oil at Oklahoma City, Okla. Although not disclosed fully by the pleadings, it seems conceded that there was a published rate on file with *140the interstate commerce commission under which it was determinable the rate from Oklahoma City to Arkansas City…