Railway Express Agency v. Stephens

Defendants in error brought this action in the district court of Garvin county against plaintiff in error, declaring upon the latter’s receipt for goods delivered to it for interstate shipment, and seeking to recover the actual value of said goods for failure of delivery. The appeal is from the judgment upon a verdict for plaintiffs below.

The first assignment of error deals with the action of the court in permitting plaintiffs, after demurrer to their evidence, to reopen the case for the purpose of proving demand or claim upon defendant prior to suit, as required by the express receipt.

Defenda…