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BENNETT v. ELDON MILLER, INC.

No. 50515.

106 N.W.2d 257 (1960)

Lloyd W. BENNETT; Robert Keith Hanson; Donald R. Duvall; Vernon D. Olson; Fred W. Finley and Charlotte E. Finley, Individually and as Representing All Persons Composing the Class of Truck Drivers or Operators Each of Which Has Executed an Agreement with the Defendant, Eldon Miller, Inc., and Which Agreement Provides for the Defendant to Withhold Certain Stipulated Sums, Appellees, v. ELDON MILLER, INC., Appellant.

Supreme Court of Iowa.

November 15, 1960.

Attorney(s) appearing for the Case

D. M. Elderkin and J. J. Locker, Jr., of Barnes, Wadsworth, Elderkin, Locher & Pirnie, Cedar Rapids, for appellant.

William L. Meardon, and D. C. Nolan, Iowa City, for appellees.

PETERSON, Justice.

Plaintiffs filed their petition in equity in the District Court of Johnson County on March 21, 1960. They alleged plaintiffs entered into contracts with defendant under which they agreed to transport commodities as independent contractors. The agreements, copies of which are attached to the petition, provided that money should be withheld by defendant up to the amount of $1,000, as a guarantee of performance...

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