California Fruit Exchange v. Meyer, Inc.

Plaintiff, through its local agent, sold defendant a car of peaches to be shipped from California. There is some dispute as to whether the delivery was to be made in California or New Orleans, but we are convinced that the agreement was for “California acceptance,” which, we are advised, means that defendant was to assume the risk in transit. The peaches were shipped consigned to plaintiff with instructions to notify defendant, or as it is termed “ship*199per’s order notify.” Upon arrival defendant rejected the ipeaches, whereupon they were sold at a loss equal to the amount sued for herein,…