Union Pacific Railroad v. Sterling H. Nelson & Sons, Inc.

ELLETT, Justice:

The defendant manufactures fish food and ships it to various customers in the United States and in Canada. It made a competitive bid to sell the product to the Canadian government, but before submitting the bid, it inquired of the plaintiff what the freight rate would be from Mur*650ray, Utah, to the point of destination in Canada. The rate was quoted and used by the defendant in making its bid.

After many shipments were made and freight paid according to the schedule of charges originally given by the plaintiff to the defendant, it was discovered that the charges made were…