Chicago & North Western Railway Co. v. Sun-Ripe Products, Inc.

Plaintiff sued defendant for unpaid freight charges on three cars of prunes shipped from Morgan Bill, California, to Chicago. A trial without a jury resulted in a judgment for plaintiff for $579.47, from which defendant appeals.

The facts presented for our review are contained in an agreed statement of facts in lieu of a report of proceedings, from which it appears that Arthur E. Durst Brokerage Company were brokers in Chicago. Paragraph 9 of the agreed statement of facts recites the following: “Prior to the shipment of the cars of prunes mentioned in paragraph 4 of the Stipulation above…