On March 30, Emery Air Freight Corp. picked up a shipment of furs from Hopper Furs, Inc. Hopper’s chief of security filled in certain items in the airbill.

In the box entitled ZIP Code, he mistakenly placed the figure “61,045,” which was the value of the furs. The ZIP Code box was immediately above the Declared Value box. The airbill contained a clause limiting liability to $10 per pound of cargo lost or damaged unless the shipper makes a declaration of value in excess of the amount and pays a higher fee. A higher fee was not charged in this case, and Gerald Doane signed the airbill for the carrier and took possession of the furs. The furs were lost in transit by Emery, and Hopper sued 500 Part 3 Sales and Leases of Goods for the value of the furs, $61,045. Emery’s offer to pay $2,150, the $10-perpound rate set forth in the airbill, was rejected. Hopper claimed that the amount of $61,045, which was mistakenly placed in the ZIP Code box, was in fact part of the contract set forth in the airbill and that Emery, on reviewing the contract, must have realized a mistake was made. Decide. [Hopper Furs, Inc., v Emery Air Freight Corp., 749 F2d 1261 (8th Cir)]

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