Gardner v. Basich Brothers Construction Co‪.‬

Defendants appeal from a judgment awarding plaintiffs the difference between the amount defendants paid plaintiffs for a trucking job at the hourly rate and the larger amount allegedly due at the ton-mileage rate. Both minimum rates were fixed in public tariffs issued by the Railroad Commission (now the Public Utilities Commission) pursuant to the Highway Carriers Act. (Stats. 1935, ch. 223, p. 878; 2 Deerings Gen. Laws, Act 5129a; now Public Utilities Code, §§ 3501-3809.) As grounds for reversal, defendants rely on these two principal contentions: (1) that plaintiffs waived the higher rate; and (2) that plaintiffs action is barred by the statute of limitations. (Code Civ. Proc., § 339, subd. 1.)