Bruce Bros. Grain Co. v. Hines

Citations

• 107 Kan. 658
• 193 P. 339
• 1920 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Shipment op Corn — Cair Not Stopped in Transit for Inspection as per Contract — Damages■—Liability of Carrier. The plaintiff bought a car of corn of a certain grade, and according to directions it was shipped by the seller over defendant’s railroad to a destination in another state upon the stipulated condition that the railroad company should stop the car at a stated point near the origin of shipment for inspection. Plaintiff sold the car to another dealer on the basis of such inspection, and his vendee in turn sold it to a dealer at the destination of the shipment on the same basis. The railroad company failed to stop the car for inspection, and learning of this failure, plaintiff’s vendee demanded and received from plaintiff the price it had paid for the corn. The railroad company carried the corn to destination without delay and it was there found to have heated and deteriorated in transit. It was in good condition and of the contract grade when it reached the place of inspection. The vendee at destination refused to receive the corn because of its condition, and it was there sold by plaintiff at a reduced price. Plaintiff sued the railroad company to recover the difference between the reduced price and that which it had paid for the corn. Held, that the plaintiff’s loss was the direct and proximate result of defendant’s breach of its contract to stop the car for inspection.</p>