Texas & Pacific Railway Co. v. Klepper

HUNTER, Associate Justice.

Plaintiff alleged the value of his carload of lumber sold by the defendant to be .$242.86, and claimed $600 vindictive damages for refusal to deliver it to him upon frequent demands made and tender of $127.50, the regular freight charge for transporting it from Booneville, Ark., to Baird, Texas, by direct route. The lumber, however, was delivered to the Choctaw, Oklahoma & Gulf Railroad Company at Booneville July 17, 1900, by. S. W. Williams for appellee, and a shipping bill, signed by Williams at the time, showed that he ordered the lumber consigned to “Perry…