PHALANX AIR FREIGHT, INC. v. NAT. SKYWAY FREIGHT CORP.

Docket No. 14447.

104 Cal.App.2d 771 (1951)

232 P.2d 510

PHALANX AIR FREIGHT, INC. (a Corporation), Respondent, v. NATIONAL SKYWAY FREIGHT CORPORATION (a Corporation), Appellant.

Court of Appeals of California, First District, Division Two.

June 15, 1951.


Attorney(s) appearing for the Case

Burns & McKeever and James E. Burns for Appellant.

Dudley Harkleroad and Rudolph J. Scholz for Respondent.


DOOLING, J.

Plaintiff had judgment against defendant for damages for breach of contract. Defendant was operating airplanes as an uncertified carrier, i.e., it was not authorized to hold itself out as a common carrier but was authorized only to operate as a contract carrier. Being thus unable to solicit freight in less than plane-load shipments defendant arranged with plaintiff to engage in the business of freight forwarding, whereby plaintiff would enter into contracts...

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