Opinion
No. 32929.
September 30, 1947.
(Syllabus.)
SALES — Delivery of goods under uniform express receipt to Bills' Station not equivalent to delivery on contract to individual whose identity with consignee not established.
A consignment of goods to "Bills Station", under uniform express receipt, is not equivalent to delivery of goods on contract to an individual whose identity with consignee is not established.
Appeal from District Court, Pittsburg County; R.W. Higgins, Judge.
Action by the Universal Features Advertising Company against W.O. Pettit. Judgment for defendant, and plaintiff appeals. Affirmed.
A.C. Markley, of McAlester, for plaintiff in error.
B.S. Null, of Hartshorne, for defendant in error.
Plaintiff in error sued defendant W.O. Pettit for a balance due on contract for advertising material sold and alleged to have been delivered to defendant according to terms of the contract. The contract provided for delivery to defendant, f.o.b. Dallas, Texas. Defendant denied delivery.
Plaintiff's evidence showed by a uniform express receipt, a consignment of the material to "Bills Station, Haileyville, Oklahoma," but the evidence wholly failed to establish defendant's connection, if any, with the consignee.
The general rule is that delivery of goods by a consignor to a common carrier is effective as a delivery to consignee. Kuppenheimer v. Levine, 116 Okla. 50, 243 P. 182; Rose v. Woldert Gro. Co., 54 Okla. 566, 154 P. 531. The rule is not applicable to the facts stated.
Affirmed.
HURST C.J., DAVISON, V.C.J., and WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.