Russell v. Empire Storage & Ice Co.

This is an action for damages for breach of warehouse contracts for storage of eggs. Plaintiffs' petition was in two counts. Each stated "that the contract of bailment consisted of written or printed warehouse receipts which are not in possession or under the control of plaintiffs. . . . The said warehouse receipts, however, provided that plaintiffs had the right to keep said eggs in said cold storage up to and including December 31, 1925, at the said designated price for storage, unless plaintiffs sooner desired to remove said eggs, or any of them."

Plaintiffs' first count alleged delivery to…