Miles v. Enumclaw Co-Operative Creamery Corp.

The defendant operates a creamery at McKenna, some thirty miles south of Tacoma. About the year 1930, defendant entered into a contract with plaintiff to haul cream from the McKenna plant to Tacoma for twenty cents per hundred pounds, with a guarantee of an average of forty cans a day. Plaintiff continued to operate under this contract until May 15, 1940, when the defendant made other arrangements for sending its cream to Tacoma.

In the meantime (December 14, 1933), plaintiff was granted, under the provisions of chapter 166, Laws of 1933, p. 613, a “For Hire Carrier” permit by the department…