Agri Manufacturing Co. v. Atlantic Fertilizer Co.

A carload of ground tankage for use in the manufacture of fertilizer, was sold and shipped by the appellant, the Agri Manufacturing Company, to the appellee, the Atlantic Fertilizer Company, and was destroyed by fire before being removed from the car, and while awaiting official analysis and weighing at the appellee’s works. The question raised by this suit is whether the loss thus occasioned should be borne by the vendor or by the vendee, neither of whom was at fault in regard to the destruction of the property. The terms of the agreement relating to the sale are set forth in a letter from…