L.C. Jones Trucking Company v. Cargill

1 The plaintiff alleged a balance due from the defendant in a transaction wherein the plaintiff furnished a truck and truck driver for the use of the defendant in the conduct of its general trucking business, and wherein, at the instance and direction of the defendant, said truck and services of the truck driver were used in the transportation of certain cargo of certain weight and to a certain destination. Plaintiff alleged that the defendant had agreed to pay him for use of the truck and services of the truck driver 75% of the consideration for the transportation of said cargo calculated at a certain rate charge per hundred pounds; that the weight of the cargo shipped was 20,800 pounds and the defendant has paid to the plaintiff a certain sum calculated on a lesser weight load. The plaintiff claimed a balance due him from the defendant in the amount of $359.69.