133 Minn. 268 | Minn. | 1916
This is in substance an action against defendant Dixon for money had and received. The controlling facts are undisputed. Defendant Dixon, who will be referred to hereafter as defendant, is a merchant at St. Charles, Minnesota, and plaintiff operates a flour and feed mill at Janesville, Minnesota. At various times between September, 1907, and June,
The question presented is whether the excess freight charges refunded by the railway company belong to plaintiff or defendant.
If defendant had contracted for the flour and feed at an agreed price at Janesville, and had assumed the burden of paying for its transportation from Janesville to St. Charles in addition to such price, he would undoubtedly be entitled to the money refunded by the railway company; but he contracted to pay the agreed price for the flour when delivered at St. Charles, and plaintiff, as a part of its contract, assumed the trouble and expense of having it transported from Janesville to St. Charles. Whether the freight was much ox little, the obligation rested upon plaintiff to pay it. If the freight had been more than had been anticipated, plaintiff could not have collected the excess above the anticipated amount from defendant. Plaintiff had agreed to deliver the property at St. Charles for the stipulated price, and under its contract would have been required to stand any unexpected increase in the expense of making such delivery and was entitled to the benefit of any unexpected decrease in such expense. As between the seller and the purchaser of commodities" transported to destination by a common carrier, overcharges for such transportation refunded by the carrier belong to the one who had borne the expense of such transportation. State v. Central Vermont Ry. Co. 81 Vt. 459, 71 Atl. 193, 21 L.R.A.(N.S.) 949; Vetter v. Sandbo, 114 Minn. 144, 130 N. W. 450.
Order reversed.