Chicago & North Western Transportation Co. v. Thoreson Food Products, Inc.

The basic issues are whether the Interstate Commerce Act precludes the defense of accord and satisfaction, and whether the plaintiff railroad carrier was estopped from pleading the statute of limitations.

The plaintiff is a foreign railroad corporation operating under and subject to the provisions of the Interstate Commerce Act. The defendant is a domestic corporation engaged in the food products business. The plaintiff has in the past transported commodities by rail to the defendant’s place of business in Shawano. In October, 1970, the plaintiff transported a carload of canned tomato products…