Payne v. Nash

Supreme Court of Oklahoma

Payne v. Nash

1923 OK 708, 218 P. 838, 92 Okla. 213, 1923 Okla. LEXIS 834

CourtSupreme Court of Oklahoma

DecidedSeptember 25, 1923

Docket11929

StatusPublished

This text of 1923 OK 708 (Payne v. Nash) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Payne v. Nash, 1923 OK 708, 218 P. 838, 92 Okla. 213, 1923 Okla. LEXIS 834 (Okla. 1923).

Pincite

Opinion

Opinion by

SWEPHIENSON, C.

A contract was entered into between R. C. Nash and the Dustin Grain Company for the sale and purchase of 60,000 pounds of corn at $2.14 per bushel, delivered at Wellston, Okla. It was agreed between the parties that shipper’s weight should govern in the purchase of the grain. The Dustin Grain Company placed its order with Morrison Grain Company, at Golden, Mo. for shipment of 66,000 pounds of corn to Dustin Grain Company at Wfellston, Okla., shipper’s order. Morrison 'Grain domplahy shipped the car of corn with shipper’s weight certified and attached to bill of lading, showing that the car was loaded with the required! number of pounds, and delivered the ear to the Frisco Railway Company for transportation to destination. When the car reached Monett, Mo., the carrier supposed that the car was overloaded and weighed the car, and according to its weight the car contained 69,900 pounds. The carrier removed 3,900 pounds of grain from the car and noted its action upon the waybill following ■ the shipment. The car reached its destination • and plaintiff took up the 'bill of lading with the shipper’s weight attached thereto, showing that the car was loaded with 66,000 pounds, and settled for the same on that basis. At the time of the settlement by purchaser he did not know that part of the grain had been removed by the carrier. The purchaser also paid an item of freight that was later found to be an overcharge. The value of the corn removed from the car by the carrier, with the overcharge item, amounted to a total of $159.23. The contract between the parties clearly provided for shipper’s weight to govern, and the purchaser was not 'bound to accept and pay for the grain on the carrier’s weight, even though the car contained more than *214 66,000 pounds of grain. This was not a matter of concern for the Dustin Grain Company, so long as the shipper did not comiplain. The shipper’s weight could- only he questioned, on the ground of fraud or mistake. Later Morrison Grain Company made a claim against the carrier for the value of the corn removed from the car, which the carrier paid to the shipper. Morrison Grain Company later transmitted this sum of money to the Dustin Grain Company. Liability is alone with the Dustin Grain Company.

We therefore recommend that the judgment against the Dustin Grain Company ue affirmed, and that the judgment against John Rarton Payne, as Director General, be reversed 'and remanded, with directions to dismiss the action against the Director General.

By the Court: It is, so ordered.

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Opinion by

SWEPHIENSON, C.

A contract was entered into between R. C. Nash and the Dustin Grain Company for the sale and purchase of 60,000 pounds of corn at $2.14 per bushel, delivered at Wellston, Okla. It was agreed between the parties that shipper’s weight should govern in the purchase of the grain. The Dustin Grain Company placed its order with Morrison Grain Company, at Golden, Mo. for shipment of 66,000 pounds of corn to Dustin Grain Company at Wfellston, Okla., shipper’s order. Morrison 'Grain domplahy shipped the car of corn with shipper’s weight certified and attached to bill of lading, showing that the car was loaded with the required! number of pounds, and delivered the ear to the Frisco Railway Company for transportation to destination. When the car reached Monett, Mo., the carrier supposed that the car was overloaded and weighed the car, and according to its weight the car contained 69,900 pounds. The carrier removed 3,900 pounds of grain from the car and noted its action upon the waybill following ■ the shipment. The car reached its destination • and plaintiff took up the 'bill of lading with the shipper’s weight attached thereto, showing that the car was loaded with 66,000 pounds, and settled for the same on that basis. At the time of the settlement by purchaser he did not know that part of the grain had been removed by the carrier. The purchaser also paid an item of freight that was later found to be an overcharge. The value of the corn removed from the car by the carrier, with the overcharge item, amounted to a total of $159.23. The contract between the parties clearly provided for shipper’s weight to govern, and the purchaser was not 'bound to accept and pay for the grain on the carrier’s weight, even though the car contained more than *214 66,000 pounds of grain. This was not a matter of concern for the Dustin Grain Company, so long as the shipper did not comiplain. The shipper’s weight could- only he questioned, on the ground of fraud or mistake. Later Morrison Grain Company made a claim against the carrier for the value of the corn removed from the car, which the carrier paid to the shipper. Morrison Grain Company later transmitted this sum of money to the Dustin Grain Company. Liability is alone with the Dustin Grain Company.

We therefore recommend that the judgment against the Dustin Grain Company ue affirmed, and that the judgment against John Rarton Payne, as Director General, be reversed 'and remanded, with directions to dismiss the action against the Director General.

By the Court: It is, so ordered.

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Bluebook (online)

1923 OK 708, 218 P. 838, 92 Okla. 213, 1923 Okla. LEXIS 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-nash-okla-1923.