Chicago, Rock Island & Texas Railway Co. v. Halsell

STEPHENS, Associate Justice.

In signing the contract of shipment, which limited the liability of appellant to damages occurring on its own line, appellee did but carry out the agreement which was implied' when he had the previous oral negotiation with McCabe. He admitted very frankly, while testifying as a witness, that he expected to sign it when he talked with McCabe ten days before the shipment. 'It was therefore but the consummation of this negotiation or contract withMcCabe, and appellee was not in position to avoid the binding force of the written contract, which took away none of the…