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RAILWAY EXPRESS AGENCY v. SMITH

Civ. A. No. 3601.

116 F.Supp. 609 (1953)

RAILWAY EXPRESS AGENCY v. SMITH.

United States District Court E. D. South Carolina, Columbia Division.

December 10, 1953.

Attorney(s) appearing for the Case

McKay & McKay, Columbia, S. C., for plaintiff.

Robinson, Robinson & Dreher, Columbia, S. C., for defendant.

WYCHE, District Judge.

In this case the plaintiff brought suit to recover express charges on a shipment of peaches from Columbia, S. C., to Baltimore, Maryland, in the month of July, 1952. The complaint alleged the refusal of the Baltimore consignee to accept delivery, necessitating a forced sale by plaintiff of this perishable commodity, netting the sum of $55, and leaving a balance due on the express charges in the amount of $184.09.

In his answer defendant...

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