Reid Phosphate Co. v. Farmers Fertilizer Co.
Supreme Court of South Carolina
Before Ernest Gary, J., Spartanburg, November term, 1911. Action by Reid Fertilizer Company against Farmers Fertilizer Company. Defendant appeals. Bill of lading is not conclusive between the original pa/rties: 85 S. C. 539; 4 Elliott, sec. 1420; 1 Hutchinson, sec. 164. Delivery of bills of lading constitute delivery: 22 E. R. A. 415. Plaintiffs remedy is against the carrier: 1 Bay. on Sales, sec. 1211; 79 S. C. 519; 76 S. C. 175.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was for $1,263.10, a balance alleged to be due for the sale and shipment from Charleston 'by the plaintiff, Reid Phosphate Company, to the defendant, Farmers Fertilizer Company, at Spartanburg, S. C. The defense was that the fertilizer shipped was short of the amount charged by eighty-five and three-tenths tons, of the value of $695.19. The plaintiff introduced bill of lading of Southern Railway Company for the entire two thousand tons, across which was written, “Shipper’s load and count.” There was evidence to the effect…
2Cases cited1 opinion
- Thomas v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
3Cited by2 opinions
- Fertilizer Company v. Railroad CompanySupreme Court of South Carolina · 1914
- Chilean Nitrate Sales Corp. v. Southern Railway-Carolina DivisionSupreme Court of South Carolina · 1955