McCook v. Halliburton-Myers Co.

Roan, J,

1. In-the absence of an agreement to the contrary, delivery of freight to a common carrier is regarded as delivery to the consignee. Mann v. Glauber, 96 Ga. 795 (22 S. E. 405) ; McCullough v. Armstrong, 118 Ga. 424 (45 S. E. 379). This rule may, however, be varied by agreement. If goods in a sound condition are delivered to a common carrier, and are found in a damaged condition when they arrive at their destination, the question of the consignee’s right to reject the goods would depend upon the terms of the contract with the shipper.

2. Where one by letter orders goods to be shipped by…