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HENDRICKS v. WILDER CONSTR. CO.

No. 34930.

54 Wn.2d 170 (1959)

338 P.2d 754

L.A. HENDRICKS, Respondent, v. WILDER CONSTRUCTION CO., INC. et al., Appellants.

The Supreme Court of Washington, Department Two.

April 30, 1959.

Attorney(s) appearing for the Case

Livesey, Kingsbury & Livesey (George Livesey, Jr., of counsel), for appellants.

Williams & Morris (James M. Morris and Paul M. Williams, of counsel), for respondent.

ROSELLINI, J.

This suit concerns the rental of certain dump trucks used in the performance of a state highway contract; and the principal issue in the trial court was whether the appellant was to pay the respondent, a common carrier, a dump-truck rental based upon a six-cubic-yard rate, or a seven-cubic-yard rate.

The appellant Wilder Construction Co., Inc., hereafter referred to as the appellant, is a corporation engaged in

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