Farnum v. Peterson-Biddick Co.

Plaintiffs appealed from an order denying their alternative motion for judgment non obstante or a new trial.

Defendant deals in produce at Wadena, Minnesota. In December, 1926, it shipped a carload of dressed turkeys to plaintiffs, commission merchants at Boston. Its sight draft for $10,416.58, with bill of lading attached, was honored. When sold the net proceeds were $1,992.25 less than the amount advanced. Plaintiffs now seek to recover this shortage and interest.

The answer alleged that plaintiffs negligently failed to use reasonable care and diligence in selling the turkeys and kept the…