McGHEE, Justice.
The plaintiff recovered judgment against the defendant for $831.10 covering a shipment of football shoes ordered by the latter from a broker's agent, the order having been placed by Bob Berg, manager of the sporting goods department of the defendant's store in Clovis, New Mexico.
The shoes were caught in the Kansas City flood of 1951 while enroute to the defendant, and because of their condition, all but twelve pair were destroyed on orders...
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