Missouri Pacific Railroad v. Askew Saddlery Co.

This is an action to recover back, on the ground of mutual mistake, the sum of $581.85 paid to the defendant hy plaintiff in settlement of a claim for a supposed loss of goods in shipment. At the close of plaintiff’s case the court sustained defendant’s demurrer to the evidence and plaintiff has appealed.

The petition is in two counts; the first count alleges that on August 20, 1920, defendant prepared for shipment to a Mrs. Knauber, at Wilsey, Kansas, three packages of saddlery and one of collars; that defendant employed the Kansas City Transfer Company as its .agent to transport said…