Gardner V. Rich Manufacturing Co‪.‬

Defendant appeals from a judgment in favor of plaintiff Gardner, as trustee in bankruptcy of the estate of James E. Smith, a bankrupt. Defendant also appeals from a judgment in favor of plaintiff Heffron, as trustee in bankruptcy of the estate of Betty Boyd Krug, a bankrupt. Plaintiffs' assignors, the bankrupts, had been engaged in business as licensed highway contract carriers under the Highway Carriers' Act (Stats. 1935, chap. 223; Deering's Gen. Laws, Act 5129a) transporting property for compensation by motor vehicle over the public highways of the state. As such highway contract carriers plaintiffs' assignors had transported for defendant certain shipments of cast iron pipe and fittings. The theory of both complaints is that plaintiffs' assignors charged and collected freight charges less than the minimum rates prescribed by the California Railroad Commission for such services. Plaintiffs therefore seek to recover the difference between the legally prescribed rate and the rate paid by the defendant pursuant to a purported contract with said carriers.