
205 Okla. 502 (1951)
239 P.2d 424
FISK et al.
v.
BULLARD.
No. 34659.
Supreme Court of Oklahoma.
December 18, 1951.
Anglin, Stevenson & Huser, Holdenville, for plaintiffs in error.
Arnote, Arnote & Sadler, McAlester, for defendant in error.
BINGAMAN, J.
Plaintiff, Ira C. Bullard, brought this action against the defendants, P.H. Fisk and Oklahoma Transportation Company, to recover damages for loss of luggage checked by him in the station of the defendant transportation company at Holdenville, alleging that Fisk was the agent of the transportation company; that he checked his Gladstone bag containing his personal belongings with Fisk, at the check room in the company's station at Holdenville, and that it was never returned to him. He also asked damages for expenses incurred by him in attempting to locate and recover the bag. The defendant bus company deniedNovember 23, 1946, plaintiff left the city of Guthrie for the city of Holdenville. At Oklahoma City he boarded a bus operated by the transportation company, and upon arrival in Holdenville checked his bag by delivering it to the defendant Fisk, who gave him a check which recited that the storage charge was ten cents per day, and further states that "liability of this check not to exceed $25.00." The next day plaintiff returned to the bus station, found that the portion of the tag issued to him which had been retained by the defendant Fisk was placed upon a bag which resembled his but was not his bag. At the suggestion of Fisk, who *503 made out a claim for him against the Oklahoma Transportation Company, he