Scherff v. Missouri Pacific Railway Co.

GAINES, Associate Justice.

The appellant brought this action to recover of the appellee damages for the failure to deliver in accord anee with its contract 200 bales of cotton. It was alleged in the petition in effect that the defendant company undertook to transport the cotton from New Braunfels to Austin, and to deliver it to plaintiff’s own order; and that the defendant without his consent delivered the cotton to one Barbeck, whereby the plaintiff was damaged $503. It was admitted that Barbeck had paid the plaintiff the full value of the' cotton except the sum just named.

To the petition the…