Texas & N. O. R. v. East Texas Gravel Co.

BOND, Chief Justice.

In 1934, appellee, East Texas Gravel Company, was engaged in mining, selling and shipping concrete gravel and sand from Randol, Texas, a point on the Bois d’Arc & Southern Railway, and during that year made and entered into a contract with Union Construction Company, whereby it sold to said Company, f. o. b. point of origin, gravel at $2.15 per ton and sand at $1.95 per ton, plus the legally established freight charges from Randol to point of destination, the established freight rate to be collected by the common carriers before delivery. In agreement with such contract,…