T. & M. Transp. Co. v. S. W. Shattuck Chemical Co‪.‬

T. & M. Transportation Company, hereinafter referred to as the carrier, is a common carrier for hire of freight by motor vehicle and it operates a line of motor trucks in interstate commerce between Denver, Colorado, and Chicago, Illinois. S. W. Shattuck Chemical Company, hereinafter referred to as the shipper, is engaged in business in Denver. Extending over a period of approximately three years, the shipper delivered to the carrier from time to time thirty-five separate shipments of vanadic acid for transportation from Denver to New York, via Chicago. The carrier transported the shipments from Denver to Chicago and there delivered them to a connecting carrier for movement on to New York. The rate charged was $1.84 per hundredweight, and that amount was paid. The carrier instituted this action to recover for undercharges, alleging that the legal rate applicable to the several shipments was $2.17 per hundredweight. The shipper pleaded by answer and counterclaim that the carrier had agreed to route the shipments by the cheapest routes and rates available; that there were available routes over which the merchandise could have moved for a rate of $1.84; and that the failure of the carrier to route them over one of such routes constituted a breach of its agreement with the shipper. The court struck the matter pleaded by way of defense and counter-claim and rendered judgment for the carrier. We reversed, 134 F.2d 394. Thereafter, the cause was tried to the court and judgment was rendered for the shipper. We reversed for failure of proof establishing the agreement pleaded in the answer and counter-claim, 148 F.2d 777. The court then entered judgment for the carrier for the total amount of the several undercharges, with interest thereon from the date of the judgment of this court on the second appeal, and for the costs accruing after our mandate on the first appeal. The carrier appealed.