69-11-408. Apportionment of freightage by contract. (1) If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for as much as the carrier delivers.
(2) If a part of the freight is accepted by a consignee without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.
History: (1)En. Sec. 2844, Civ. C. 1895; re-en. Sec. 5325, Rev. C. 1907; re-en. Sec. 7839, R.C.M. 1921; Cal. Civ. C. Sec. 2140; Field Civ. C. Sec. 1119; re-en. Sec. 7839, R.C.M. 1935; Sec. 8-605, R.C.M. 1947; (2)En. Sec. 2845, Civ. C. 1895; re-en. Sec. 5326, Rev. C. 1907; re-en. Sec. 7840, R.C.M. 1921; Cal. Civ. C. Sec. 2141; Field Civ. C. Sec. 1120; re-en. Sec. 7840, R.C.M. 1935; Sec. 8-606, R.C.M. 1947; R.C.M. 1947, 8-605, 8-606; amd. Sec. 2021, Ch. 56, L. 2009.