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R.E. THARP, INC. v. MILLER HAY CO.

Docket No. 851.

261 Cal.App.2d 81 (1968)

67 Cal. Rptr. 854

R.E. THARP, INC., Plaintiff and Respondent, v. MILLER HAY COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

April 12, 1968.

Attorney(s) appearing for the Case

Schroeder, Campbell & McFeeters and Truman F. Campbell for Defendants and Appellants.

Lester J. Gendron for Plaintiff and Respondent.

GARGANO, J.

Plaintiff, a licensed radial highway common carrier, brought this action to recover $11,935.22 from defendants on an open book account.1 During the trial plaintiff attempted to prove that the money which it sought to recover was for undercharges resulting from the transportation of defendants' hay. Defendants, however, objected to plaintiff's evidence on the ground that it was at variance with the pleadings and the objection...

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