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ALKIRE v. OWL MATERIALS CO.

Docket No. 63.

172 Cal.App.2d Supp. 808 (1959)

341 P.2d 854

FRED W. ALKIRE, Respondent, v. OWL MATERIALS COMPANY (a Corporation), Appellant.

Court of Appeals of California, Appellate Department, Superior Court, San Bernardino.

July 8, 1959.

Attorney(s) appearing for the Case

Best, Best & Krieger for Appellant.

Herbert Cameron for Respondent.

MITCHELL, J.

This is an appeal from a judgment in favor of the plaintiff for the sum of $1,616.72 which was the amount of an "undercharge" or the difference between $8.50 and $10 per hour for transporting rock, sand and gravel.

[1] The written contract provided for the payment of:

"the minimum rates established for such service by the California Public Utilities Commission, unless a different rate is agreed upon by the parties and is specified...

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