Pacific Express Co. v. Hertzberg

NEILL, Associate Justice.

This suit was brought by appellee against appellant to recover the value of the goods described in our conclusions of fact, upon the ground that they were negligently delivered by the express company to a person other than the consignee.

The appellant answered, (1) by pleading the facts found by us, to show that it had been guilty of no negligence, and had in fact delivered the goods to the person who ordered them; and (3) that the goods “were shipped under a certain contract in writing had between appellant and appellee, wherein and whereby it was agreed between them,…