National Carloading Corp. v. Lee

Opinion by

Baldrige, J.,

The plaintiff, the National Carloading Corporation, brought an action of assumpsit to recover $1375.18 .with interest, alleging that the defendant, a common carrier, orally agreed to carry and deliver in good condition five cases of plate glass but breached its contract in failing to deliver the merchandise as agreed.

The defendant denied that he entered into an agreement to carry glass and averred that the plaintiff orally requested him, and he agreed, to send to plaintiff’s terminal a truck for the purpose of delivering five ice box units to the Breyer Ice Cream…