Lavelle v. Kenneally

In this cause William P. LaVelle sued Thomas F. Kenneally, d/b/a Intermountain Trucking Co., to recover damages for an alleged breach of contract to haul petroleum products under tariff regulations formulated by the Montana Railroad Commission (MRC). This contract was effective from its inception in February 1965 to its termination in June 1970, and consisted of a series of leases providing that LaVelle would rent Kenneallys trucks and make deliveries of gasoline to the latters service stations. At what rate the parties were to be paid is the nub of this controversy. The leases themselves provided as follows: