Jernigan v. Peyton Packing Co.

PELPHREY, Chief Justice.

On or about September 7, 1932, plaintiff in error and J. C. Peyton, of defendant in error company, had some negotiations relative to the purchase of a car load of calves by defendant in error from plaintiff in error. It is undisputed that the calves were to be milk fat, according to samples then in the pens of defendant in error, and to be weighed in dry at the point of delivery. The price agreed on was 4½ cents per pound.

On or about September 22, 1932, while the calves were being brought from the 'cars in Juarez, Mexico, to the plant of defendant in error, they…