Tuttle v. Q., O. K.C.R.R. Co.

* Corpus Juris-Cyc References: Commerce, 12CJ, section 116, p. 88, n. 71. This case comes to us from the circuit court of Adair county. The case was tried on the agreed statement of facts. The facts are, that plaintiffs called the defendant station at Kirksville on September 14, 1923, placing an order for two stock cars for the shipment of cattle to Chicago, September 16, 1923. The agent said he would endeavor to provide the cars for the 16th. About noon on September 15th the agent notified the plaintiffs that he would be unable to furnish cars for shipment on the 16th. However, at about…