Chas. F. Orthwein's Sons v. Wichita Mill & Elevator Co.

SPEER, Associate Justice.

-—Appellee shipped a number of cars of wheat to appellants at Galveston, Texas, all of which were either destroyed or damaged in the great storm at that place on September 8, 1900. At the time of making shipments appellant paid or advanced the agreed price of the wheat, less certain margins which were reserved to cover any possible shortage in weights or errors in grades. It was to recover these margins, which were never paid, that this suit was instituted. It is the contention of appellee that the title to the wheat had passed to appellants at the ime of the loss,…