Missouri, Kansas & Texas Railway Co. v. M. M. Levy & Co.

GARRETT, Chief Justice.

This is the second appeal in this case. The action was originally brought by the appellees to recover of the appellant damages for failure to transport and deliver in as good condition as received two carloads of sugar.

The material allegations of the original petition are as follows: “In or about the month of June, 1896, the plaintiffs made and entered into a contract with Monaghan Bros., of Omaha, Neb., for the sale of 400 bags of German granulated sugar, at the price of $1868, to be shipped to Omaha, Neb., and at or about the same time, to wit, June 20, 1896, agreed…