Northern Implement & Produce Co. v. Turner-Clinton Co.

Opinion by

RUTH, C.

Parties hereto will be designated as plaintiff and defendant, as they appeared in the trial court.

The plaintiff, through a brokerage house in Oklahoma City, purchased from the defendant of Eaton, Colo., a carload of potatoes for the sum of $232.23, plus freight charges. The potatoes were shipped, and draft with bill of lading attached was forwarded to the Oklahoma State National Bank of Clinton. Plaintiff paid the draft, and upon inspection it was found that the potatoes had been frozen, and a large .quantity was rotten and worthless. Plaintiff communicated with the…