Terminal Transport Co. v. Burger Chef Systems, Inc.

Pannell, Presiding Judge.

On November 4, 1968, appellee sold 49 ice cream machines to the Freezie Corporation. On January 31, 1969, the machines were shipped from Indianapolis, Indiana to Atlanta, Georgia via appellant under ten uniform order bills of lading and accompanying sight drafts and consigned to appellee. Freezie was to receive the equipment from appellant only if Freezie first honored the drafts at an Atlanta bank and obtained the original bills of lading containing appellee’s endorsements. The crates arrived on February 4 and 5,1969. As Freezie was not prepared to submit the…