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HULSE v. MIDWEST EMERY FRGT. SYSTEM

No. 11927.

12 Ill. App.3d 316 (1973)

299 N.E.2d 24

PAUL H. HULSE, Plaintiff-Appellant, v. MIDWEST EMERY FREIGHT SYSTEM, INC., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

June 13, 1973.

Attorney(s) appearing for the Case

Robert W. Cook and Schmiedeskamp, Jenkins, Robertson & House, both of Quincy, for appellant.

J. Robert Walden, of Mays & Walden, of Quincy, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE CRAVEN delivered the opinion of the court:

The plaintiff leased a tractor and a refrigerated semitrailer to the defendant freight company. The contract or lease agreement provided that the plaintiff was to furnish a driver with the equipment and was to pick up and deliver loads as directed by the defendant. Under a heading entitled "Costs of Operation", the contract provided that the plaintiff would pay all costs...

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