Cargill, Incorporated v. Merit Distribution Services, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00718-CV Cargill, Incorporated, Appellant v. Merit Distribution Services, Inc., Appellee FROM THE COUNTY COURT AT LAW NO. 3 OF BELL COUNTY NO. 45,601, HONORABLE GERALD M. BROWN, JUDGE PRESIDING MEMORANDUM OPINION Appellant Cargill, Incorporated1 hired appellee Merit Distribution Services, Inc. to haul raw unfrozen turkey product from Waco to a Boar’s Head Provisions Co. facility in Forest City, Arkansas. Merit delivered an empty trailer to Cargill’s plant, and Cargill loaded the trailer and sealed it. The turkey product was wrapped…