Missouri-Pacific R. v. Sorrell

McMILLAN, District Judge.

In this case, plaintiffs sue defendant for a balance of freight charges alleged to be due upon a refused interstate shipment.

The facts with regard to the actual shipment, the refusal at destination by the diversion consignee, the forced sale, deficiency in amount, and the freight charges now due by some one, are not only undisputed but stipulated.

Defendant defends upon the ground that he was not the owner of the shipment, but simply the agent for the owner; that the true owner was disclosed to plaintiffs’ agent; and that an oral agreement existed' between defendant…