Jeff Perkins v. Highland Enterprises

Respondent, Jeff Perkins ("Perkins"), owns a construction business. He contracted to haul crushed rock for the appellant, Highland Enterprises, Inc. ("Highland"), in a remote area of Idaho County. The rock was to be crushed by a third-party, Camco, Incorporated. Perkins contracted to haul the crushed rock from the site of the rock crusher and then dump it on a road being constructed by Highland. Perkins and Highland entered into a verbal agreement that Perkins would haul rock for $38.30 per hour for his end-dump trucks and $48.30 per hour for his belly-dump trucks. The parties agreed that Perkins would haul 4,000 tons of crushed rock for Highland.