Fay Fruit Co. v. Talerico

NEILL, Associate Justice.

This suit was brought by the appellee, Frank Talerico, against appellant, the Fay Fruit Company, to recover $537.47, alleged to have been paid by him for a carload of oranges, and for $335.80 freight alleged to have been paid by him on said carload, as well as for damages for breach of contract.

The plaintiff alleged in his petition that on the 30th day of March, 1900, he ordered from the Fay Fruit Company, through its local agent in San Antonio, Texas, a certain carload of oranges, subject to inspection by him upon their arrival in the city of San Antonio. That it…