Southern Nursery Co. v. Winfield Nursery Co.

*523The opinion of the court was delivered by

BURCH, J.:

The parties to this litigation are nursery companies, the plaintiff being engaged in business at Winchester, Tenn., and the defendant at Winfield, Kan. The plaintiff sued for the price of a carload of nursery stock shipped to the defendant, and recovered. The defendant appeals.

The trees comprising the shipment were injured by freezing while in transit. When they arrived at Win-field the defendant regraded them and those which were not merchantable were rejected. Payment of the price for the sound trees, less the expense of regrading and a…