Sharp v. Clark
Utah Supreme Court
Appeal from the district court of the First judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action on a contract by John C. Sharp and Charles McBride, partners, against S H. H. Clark and others, receivers of the Union Pacific Railway Company. From a judgment for plaintiffs, defendants appeal.
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Appeal from the district court of the First judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action on a contract by John C. Sharp and Charles McBride, partners, against S H. H. Clark and others, receivers of the Union Pacific Railway Company. From a judgment for plaintiffs, defendants appeal. This action was brought to recover damages in consequence of the failure of the defendants to carry 3,729 sheep, upon the Union Pacific Railway, from Milford, Utah, to the city of Omaha, Neb. The plaintiff’s sheep were received by the defendants in 21 cars of the company at Milford, under…
1Opinion of the Court
Zane, C. J.:
It appears that the defendants received of the plaintiffs at Milford, Utah, 3,500 sheep, and transported them over the Union Pacific Eailway to Fremont, Neb., and from that point, by arrangement with other roads, to Chicago, Ill. The defendants claim that they were *518authorized to carry them by the above route to Chicago, under their shipping contract with the plaintiffs. On the other hand, the plaintiffs insist that the same contract required the defendants to carry their stock to Omaha, and to permit them to unload and sell the same, if they desired. These conflicting claims…
2Cases cited2 opinions
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