DETROIT, TOLEDO & IRONTON RY. CO. v. MAXINE'S POTATO SERVICE, INC.

No. 1792.

13 Ohio App. 3d 157 (1983)

DETROIT, TOLEDO & IRONTON RAILWAY CO., APPELLEE AND CROSS-APPELLANT, v. MAXINE'S POTATO SERVICE, INC., APPELLANT; ST. GERMAIN, APPELLEE AND CROSS-APPELLEE.

Court of Appeals of Ohio, Clark County.

Decided November 18, 1983.


Attorney(s) appearing for the Case

Mr. Roger F. Carroll, for appellee and cross-appellant.

Mr. Walter V. Hines, for appellant.

Mr. David A. Weaver and Mr. Gale S. Finley, for appellee and cross-appellee.


WEBER, J.

In the spring of 1980 Joel St. Germain, a Minnesota potato farmer seeking to find a buyer for his potatoes, contacted a broker, Maxine's Potato Service, Inc. The broker found a buyer in Evans Potato Company of Springfield, Ohio. The nature of the arrangement between St. Germain and Maxine's remains uncertain, but it appears St. Germain loaded the potatoes into railroad cars bound for Springfield and signed the bills of lading.

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