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MOUNTAIN STATES WATERBED v. O.N.C. FREIGHT

No. 79CA1081.

614 P.2d 906 (1980)

MOUNTAIN STATES WATERBED DISTRIBUTORS, INC., a Colorado Corporation, Plaintiff-Appellee, v. O.N.C. FREIGHT SYSTEMS CORPORATION, a California Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

July 3, 1980.

Attorney(s) appearing for the Case

Conover, McClearn, Heppenstall & Kearns, P. C., Michael J. Cook, Denver, for plaintiff-appellee.

Stockton & Lewis, Truman A. Stockton, Jr., John H. Lewis, Denver, for defendant-appellant.

VAN CISE, Judge.

This is an action for damages brought by Mountain States Waterbed Distributors, Inc. (the shipper) against O.N.C. Freight Systems Corporation (the carrier) based on the carrier's failure to obtain payment by cashier's check when it delivered the goods to the consignee. Contending that the shipper ratified the action of the carrier, its agent, when the shipper deposited the consignee's check, and that it thereby waived the requirement that the carrier...

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