Fullerton-krueger Lumber Co. v. Northern Pacific Railway Co.

Lees, C.

This is an action by a lumber company to recover freight charges paid in excess of the amount a railroad company might lawfully *21charge under section 4347, G. S. 1913. The statute of limitations, section 7701, G. S. 1913, was pleaded as a defense. The parties agreed upon the facts and the court adopted their statement of them in the findings. Suit was begun January 24, 1921. Payment of all of the items of the alleged overcharges was made during the years 1912 and 1913, the date of the last payment being September 16, 1913. Upon this state of facts, no action to recover any of the…