Datapoint Corporation v. Lee Way Motor Freight, Inc.

AINSWORTH, Circuit Judge:

Plaintiff Datapoint Corporation delivered eight sealed cartons which were described in the Uniform Straight Bill of Lading as “elec, equip.” to defendant Lee Way Motor Freight, Inc. at San Antonio on October 17, 1974, for shipment to United Founders Life Insurance Company in Oklahoma City. United Founders Life Insurance Company refused delivery, and the shipment was returned to the carrier’s Oklahoma City terminal. Lee Way then sent Datapoint by certified mail with return receipt requested, a “Notice of Undelivered or Refused Freight” which informed Datapoint that Lee…