Herrin Transp. Co. v. Marmion

WALKER, Chief Justice.

This was a suit by appellee, W. H. Mar-mion, Sr., against appellant, Herrin Transportation Company, for breach of contract, and the loss of profit suffered by reason of the breach; the contract pleaded was an obligation by appellant to transport from Houston to Beaumont certain freight, and to deliver it to appellee in Beaumont on the agreed cost of $30. Appellant answered by demurrers, general denial, and by way of cross-action, to the effect that it was a common carrier, that the contract, if made as pleaded by appellee, was void for the reason that the freight rate…