Scott & Mayhall v. Lubbock Grain & Coal Co.

Mr. Presiding Judge McLBNDON

delivered the opinion of the Commission of Appeals.

This case arises upon certified questions from the Court of Civil Appeals. The controlling facts, as shown by the certificate, are:

“The appellee, Lubbock Grain & Coal Company, sued appellants, Scott & Mayhall, to recover as damages $712.75, alleged to have been paid on a shipment of cane seed. This sum is alleged to be due by reason of the shortage in the weight of the seed at destination— Lubbock. That the appellant had guaranteed in writing the grades and weights at destination, which was alleged to be in Lubbock…