Malaga Packing Co. v. Threefoot
Malaga Packing Co. v. Threefoot
Opinion of the Court
after stating the facts as above, delivered the opinion of the court.
Assuming everything to be true, favorable to appellees’ case, which the testimony tends to establish, still the court should have given a peremptory charge to the jury to return a verdict for the appellants, .except as to the item of $81.76, the alleged overcharge or difference in freight rates over the Southern Pacific and Santa Fé Railroads.
Undoubtedly the purchaser of goods, bought f. o-. b. cars at place of shipment, has the right to direct the route over which
If Threefoot Bros. & Co. instructed the Malaga Packing Company to route these goods via the Southern Pacific Pailroad, and it failed to do it, and it is shown that the freight on the goods was more via the Santa Fé than via the Southern Pacific Pail-road, then they would be entitled to recover that difference.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.