Lepman & Heggie v. Chicago, Rock Island & Pacific Railway Co.

T. Jensen & Bros, of Marion, Kansas, shipped to plaintiff by the defendant railroad one carload of eggs, consisting of 400 cases. T. Jensen & Bros, drew a draft on plaintiff for the agreed price of the eggs, attached the same to the bill of lading and sent it through a bank for collection. The eggs were damaged in transit and plaintiff refused to accept them. After the exchange of telegrams and telephone messages between plaintiff and T. Jensen & Bros., the plaintiff finally agreed to accept the eggs at a reduction from the contract price. Acting upon this latter agreement, plaintiff took…