Louisville Nashville R.R. Co. v. Central Iron Coal Co., 265 U.S. 59, 66 (1924). See also Nashville, Chattanooga St. Louis Railway v. Murphree, 2 Tenn. App 482, 1926 WL 1999 at *3 (1926). Thus, the parties to a shipping arrangement may contract for liability for freight costs in various ways.

This is correct; but the complainant did not make this question in the chancery court and cannot make it for the first time in this court. Kenner v. City Nat. Bank, 164 Tenn. 119, 46 S.W.2d 46; Waggoner v. Dorris, 17 Tenn. App. 420, 68 S.W.2d 142; Nashville, C. St. L.R. Co. v. Murphree, 2 Tenn. App. 482. It is also true that an averment that one did not sign or authorize another to sign is not a good plea of non est factum.

1. It is insisted that the defendant did not file a plead of non est factum and that the court erred in not striking the evidence on the ground that oral evidence was inadmissible to vary or contradict the terms of a written instrument. This assignment is not well made, for the reason that the plea hereinabove set out was a special plea of non est factum, not verified. The averment of the plea was in effect a denial of the execution of the instrument, which is sufficient. Nashville, C. St. L.R. Co. v. Murphree, 2 Tenn. App. 482. The plea should have been verified.