Bianchi v. Sears Roebuck & Co.

J. C. 0’Brief, J.

For a period beginning January 17, 1947, and ending July 12, 1949, plaintiff picked up items of merchandise from defendant’s warehouse and delivered them to branch stores of defendant located in other cities in New York State. For the pickup and delivery of each of these items plaintiff billed and was paid by the consignee at the times delivery was made. Plaintiff now claims, however, that he is entitled to an additional payment for certain of these items, in fact most of them. The additional payment claimed is eleven cents per cwt., with a minimum of thirty cents on each…