Villari v. James

Opinion by

Hirt, J.,

Sam Villari, one of plaintiff partners, bought 162 hogs at public auction at City Stockyards, Inc., in Elizabeth City, North Carolina. At his request a representative of the stockyard arranged with defendant to haul the hogs in one of his trucks to Philadelphia for an agreed price. Plaintiffs contemplated buying additional hogs and, included in the transportation charge, defendant agreed to haul these also if plaintiff would “double deck” the truck and load them. Villari did buy 58 other hogs from a farmer who brought them to the stockyard for loading. At plaintiffs’…