Cargill, Incorporated v. Merit Distribution Services, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00718-CV

Cargill, Incorporated, Appellant

v.

Merit Distribution Services, Inc., Appellee

FROM THE COUNTY COURT AT LAW NO. 3 OF BELL COUNTY

NO. 45,601, HONORABLE GERALD M. BROWN, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Cargill, Incorporated (1) hired appellee Merit Distribution Services, Inc. to haul raw unfrozen turkey product from Waco to a Boar's Head Provisions Co. facility in Forest City, Arkansas. Merit delivered an empty trailer to Cargill's plant, and Cargill loaded the trailer and sealed it. The turkey product was…