Douglas Warehouse, Inc. v. Vitko

STRUTZ, Judge,

on reassignment.

This action arises out of an oral agreement for hauling merchandise entered into by the parties. The plaintiff needed someone to haul its goods, and the defendant, who owned a truck and two trailers, desired employment as a trucker. The evidence is conflicting as to which party contacted the other, as is the evidence on most issues in the case. In any event, it is conceded by both parties that, early in 1962, the matter of having the defendant haul merchandise for the plaintiff’s stores was discussed. The plaintiff asserts that the defendant offered to haul for…