Supreme Court of Minnesota May 14, 1920, No. 21,670 (Duholm v. Chicago, Milwaukee & St. Paul Railway Co.)

Hallam, J.

1. There is evidence to sustain the following facts:

On August 30, 1917, at Austin, Minnesota, plaintiff delivered to defendant, a vulcanizing outfit, to be transported to Terry, Montana. At the time the goods were so delivered plaintiff stated to defendant’s agent that he wanted them shipped C. O. D. one hundred dollars. The agent said: “All right, we can fix that up.