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MITSUI O.S.K. LINES, LTD. v. DYNASEA CORP.

No. B120371.

85 Cal.Rptr.2d 1 (1999)

72 Cal.App.4th 208

MITSUI O.S.K. LINES, LTD., et al., Plaintiffs and Appellants, v. DYNASEA CORPORATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

April 19, 1999.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating and David Weil, Long Beach, for Plaintiffs and Appellants.

Porter, Groff & Lodwick, Michael W. Lodwick and George P. Hassapis, Long Beach, for Defendant and Respondent.

NEAL, J.

SUMMARY

Where transaction documents show that a purchaser of goods agreed to include freight in its price to the seller, and the seller agreed to prepay the ocean carrier's freight charges, the carrier cannot recover its freight charges from the buyer after the seller fails to pay those charges.

FACTS AND PROCEEDINGS IN TRIAL COURT

Appellant Mitsui O.S.K. Lines, an ocean shipper...

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