Bodine & Clark Livestock Commission Co. v. Great Northern Ry. Co.

Based upon a sole assignment of error, this is an appeal from a judgment of the District Court in favor of the appellee, the defendant below. The judgment recites that' the plaintiff-appellant' filed its demurrer to the further and separate answer of the defendant-appellee, contained in the amended answer to the second amended complaint of the plaintiff; that the demurrer was overruled; and that the plaintiff stated in open court that it did not desire to plead further, but would rely upon its demurrer. The ease accordingly comes here on the judgment roll.

The appellant alleged in its complaint that on August 31, 1926, its assignor was the owner of eight earloads of cattle, consisting of 224 steers, at Foil Browning, *473 Mont. The plaintiff-appellant and assignee is the commission firm that purchased the cattle for the shipper.

The appellant further alleged in its complaint that on Augnst 31, 1926, the shipper requested the appellee to bill the eight carloads of cattle to San Francisco, Cal., via Portland, Or., “feed in transit at Gazelle, California,” and that the shipper was ready to pay all charges in the appellee’s duly filed tariff'; that upon this tender it was informed…