Barnhart v. Henderson

This is an action at law wherein the plaintiff, as shipper, claims he made an oral agreement with the defendant that the defendant transport a truckload of hogs to a certain destination and collect the purchase price thereof upon delivery to the consignee, by taking a draft in payment therefor. The driver of defendant’s truck failed to collect in accordance with the agreement. Plaintiff sues to recover the balance due on the purchase price of the hogs, the consignee having made payment in part. Jury was waived, and trial had to two district judges. The court found generally for the plaintiff…