18 Iowa 509 | Iowa | 1865
They must find, from the evidence, the price of wheat at Council Bluffs on or about the 6th day of April. 2d. They must find, from the evidence, the price of grain in St. Louis, on or about the 6th day of April.
3d. They must take the difference in the price of wheat at Council Bluffs and the price at St. Louis; from this difference deduct the agreed price of carriage; and the balance will be the damage due the plaintiff.
The defendant’s counsel concedes that the above rules are correct, in cases where the carrier actually receives the article to be transported, and fails to deliver the same at the place of destination; but he claims that where, as in the case at bar, the carrier fails or refuses to receive the article, and never does receive it, the above rules have no application, and that, in the latter case, the carrier is liable in damages only for the advance in the price of transportation.
The verdict establishes the existence of the contract — a contract by the defendant directly, without intermediate agencies or boats — to deliver the grain, an article having a market value, at the place of destination. It is not shown that the grain, if it had been received according to the contract of affreightment, would not have reached without delay, or in^safety, the port of delivery. A market via the river, we may properly notice, is, at least for a large portion of the way, the only one open to shippers and owners of grain at Council Bluffs. It does not appear but that the violation of the contract by the defendant was willful. Under these circumstances, we are clear that the rule of damage laid down by his honor, the district judge, was correct; and that ruling is affirmed-