Earl Fruit Co. v. Herndon Fruit Co.
Earl Fruit Co. v. Herndon Fruit Co.
Opinion of the Court
Plaintiff sued to recover sale price of two carloads of grapes received by defendant, and had judgment in a trial without a jury. Defendant brings error.
The evidence pro and con presented a question of fact, which the court rightly decided in favor of plaintiff.
The other car was diverted to a dealer in Jackson. Was this for the account of defendant, or of plaintiff, or Hoien? The trial judge found the diversion was for account of defendant, who must look to the deafer in Jackson, and that defendant is indebted to plaintiff for the price of the fruit. The evidence sufficiently supports the finding, and it may not be disturbed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.