Evans-Terry Co. v. Liberty Mills

Citations

• 127 Miss. 120
• 89 So. 809

Syllabus

<p>1. Sales. Whether carrier is seller’s agent depends on whether seller has assumed burden of making delivery.</p> <p>Y/hether the carrier to whom a seller has delivered goods for transportation to the buyer is the agent of the seller or the buyer in so doing depends upon whether or not the seller has assumed the burden of making delivery; if he has, the carrier is his agent for that purpose.</p> <p>3. Sales. Whether seller assumes burden of delivery is ordinarily a jury question.</p> <p>Whether a seller who is to ship the goods sold to the buyer assumes the burden of delivery is, ordinarily, a question of fact for the determination of the jury, unless the contract of sale is in writing; but, if a verdict for the shipper on the theory that he had not assumed the. burden of delivery would not be warranted by the evidence, the jury should be peremptorily instructed to find for the buyer. ,</p> <p>3. Sales. Facts including consignment to shippers order held to show prima facie that seller was to deliver.</p> <p>The shipment by a seller to the buyer of the goods purchased under a bill of lading in which the goods are consigned to the shipper’s order with direction therein to the carrier to notify the buyer, and the drawing by the seller on the buyer of a draft for the purchase price of the goods less freight thereon, to which the bill of lading was attached to be delivered to the buyer on payment of the draft by him to the bank to which it was forwarded for collection on surrender of which bill of lading to the carrier and the payment of the freight on the goods it was authorized to deliver the goods to the buyer is prima-facie evidence that the delivery of the goods was to be made by the seller to the buyer at the point of destination.</p> <p>4. Sales. Prima-facie case of contract requiring seller to deliver is not met by evidence of seller’s imcommrmicated contrary intention.</p> <p>This prima-facie case is not met by evidence of an intention on the part of the selle