McDuffie v. . R. R.

From the judgment rendered, the defendant appealed. The record discloses that the order for the car is (400) dated 8 December, 1906, and requires that the empty car be furnished by 10 December, 1906. For the reasons given inMcDuffie v. Railway, ante, 397, the plaintiff is not entitled to recover, and defendant's motion should have been granted.

Action dismissed.