Taxin v. Pennsylvania Railroad

Bok, P. J.,

We are faced with preliminary objections, which must be sustained, to an amended complaint that seeks an accounting under Pa. R. C. P. 1021.

The complaint alleges that almost 700 cars of fruit and vegetables were shipped from points in Florida and California consigned to plaintiff here; that plaintiff does not have the bills of lading, which, on standard ICC forms, are in the shippers’ possession and copies in the possession of the carriers; that plaintiff had an oral contract with the shippers to sell' the produce for the best price available and to receive a commission for doing…