Sethness Co. v. Home Ade Bottling Co.

Citations

• 111 Miss. 151
• 71 So. 308

Syllabus

<p>Sales. Delivery to carrier. Liability for price.</p> <p>Where defendant directed plaintiff by written order to ship to it at Jackson, Mississippi, from Chicago, the goods sued for, and plaintiff acting on this order promptly shipped the goods to defendant by delivering the same to a common carrier for transportation and delivery to defendants, and duly notified defendant of the shipment by mailing to it the acceptance of the order, invoice of the goods, and the railroad bill of lading and the goods were destroyed in the hands of the railroad at Jackson, Mississippi; in such case defendant was liable to plaintiff for the price of the goods since the delivery to a common carrier is a delivery to the consignee and even though defendant failed to receve notice of the shipment this did not relieve it from liability to plaintiff.</p>