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CONSOLIDATED FREIGHTWAYS, INC. v. MOORE

No. 31631.

38 Wn.2d 427 (1951)

229 P.2d 882

CONSOLIDATED FREIGHTWAYS, INC., Respondent, v. FRANK L. MOORE, Appellant.

The Supreme Court of Washington, Department Two.

April 12, 1951.

Attorney(s) appearing for the Case

Cashatt & Turner and Graves, Kizer & Graves, for appellant.

Hamblen, Gilbert & Brooke, for respondent.

MALLERY, J.

On June 16, 1948, the plaintiff and defendant entered into an Equipment Trip Lease Agreement, by which the defendant leased a truck to the plaintiff for a trip from Portland to Seattle and return, on a mileage basis. The defendant drove his own truck and was paid for his services separately from the truck hire.

Among other things, the lease provided:

"It is further mutually understood and agreed...

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