1. Application for Writ of Error Insufficient — Express Contract.
Finding of facts by Court of Civil Appeals affirmed, in deciding that the stated facts did not prove the special contract upon which the right of action was based ................................................ 312
2. Quære — Receiver's Contracts.
Whether receiver can make contract for shipment beyond his line so as to render the road in his charge liable ............................................. 312
BROWN, ASSOCIATE JUSTICE.
The application for writ of error in this case is refused, for the reasons that the Court of Civil Appeals correctly held that the evidence did not establish a contract to ship and deliver the sheep within a given time, as alleged; and also because there does not appear from the facts as found to have been any evidence that the deviation from the agreed route caused the plaintiff any damage.
We have not felt called upon to determine the correctness of the opinion of the Court of Civil Appeals upon the question as to the power of the receiver of a railroad company to make contracts for through shipments of freight so as to bind the receiver for losses beyond the line of road under his control, and in refusing this application we do not pass upon that question.
Application refused.
Delivered November 19, 1894.