Newbern v. Spiro

DIXON, Chief Justice.

Appellee Harry Spiro of New Orleans, Louisiana, brought suit against appellant John W. Newbern, doing business as The Newbern Company, for the sum of $239.53, which appellee alleges is the amount of excess shipping charges he was compelled to pay on a shipment of antiques purchased from appellant for the sum of $5,700.

The suit is based on an agreement written on the back of an invoice, said agreement providing that the shipping charges were not to exceed $150 and “any amount over $150.00 to be paid by The Newbern Company.” The written agreement is signed by Hubert Slym,…