SOUTHERN PACIFIC COMPANY v. LODEN

No. 2 CA-CIV 1297.

19 Ariz. App. 460 (1973)

508 P.2d 347

SOUTHERN PACIFIC COMPANY, a corporation, Appellant, v. Lou LODEN, Appellee.

Court of Appeals of Arizona, Division 2.

April 5, 1973.


Attorney(s) appearing for the Case

Evans, Kitchell & Jenckes, P.C., by Ralph J. Lester, Phoenix, for appellant.

E. Leigh Larson, Nogales, for appellee.


HOWARD, Judge.

Plaintiff-appellee brought a breach of contract action to recover damages in the sum of $10,047.68 resulting from the defendant carrier's failure to deliver certain perishable produce shipped from Nogales, Arizona to Los Angeles, California within the ordinary and usual time.

Southern Pacific Company admitted that appellee's shipment was delayed and not delivered to its destination within the usual time, but alleged that the delay was caused...

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