Champlin v. Barthold

The opinion of the court was delivered by

Garrison, J.

The appellant, as plaintiff in the District Court, sought to recover against the appellee upon two items arising out of the appellee’s refusal to accept a carload of oats, viz., $30 for loss on the resale of the oats and $20 demurrage charges on the detention of the car containing the oats.

Under the view of the testimony taken by the District *14Court (sitting -without a jury), judgment was given for the plaintiff for the item of $30, but not for the $20 item.

The plaintiff, as appellant, now seeks to reverse this judgment and specifies as the…