Jelks v. Philadelphia & Reading Railway Co.

The defendant delivered to the Atlantic Coast Line Railway Company at Ty Ty, Ga., a car of melons, consigned to Butz & Co., at Allentown, Pa., to be delivered to the consignees by the Philadelphia & Reading Railway Company as the last carrier. The shipment was made in response to a telegraphic order of an agent of the consignees to ship the melons at a certain agreed price, “f. o. b. Ty Ty, Ga.” When the melons arrived at Allentown, Pa., the consignees refused to accept them, claiming that they were not of the quality .ordered. Thereupon the carrier proceeded according to law to enforce its…