St. Louis & San Francisco Railroad v. Gaba

*433The opinion of the court was delivered by

Benson, J.:

The plaintiff, U. T. Gaba, delivered to the defendant railroad company, at Baxter Springs, a lot of porch columns and composition caps consigned to a contractor at Oklahoma City. The agent of the company was informed that the materials were to be furnished by Mr. Gaba for use in a building which was being constructed under a time contract, with a penalty for delay, and prompt shipment was promised by the ■agent. The columns were sent forward at once, and were received by the contractor within three days. The caps, although included in the…