RED BALL MOTOR FREIGHT, INC. v. BURAS

No. 11034.

380 So.2d 654 (1980)

RED BALL MOTOR FREIGHT, INC. v. Larry N. BURAS et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 17, 1980.


Attorney(s) appearing for the Case

Gary T. Breedlove, Francipane, Regan & St. Pee, Metairie, for plaintiff.

Rhett M. Powers, Powers & Nass, New Orleans, for Larry N. Buras and Delta Refrigeration Service, Inc.

Before REDMANN, LEMMON and SCHOTT, JJ.


REDMANN, Judge.

From the factual finding by the trial judge that the goods were damaged when delivered, his legal conclusion that the consignee is not obliged to pay for them is correct.

Plaintiff carrier, because of its breach of its contract to collect by cashier's or certified check, itself owed and paid the price of the goods to the consignor. But that payment did not relieve the consignor of its obligation arising from shipping damaged goods (if that...

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