Consolidated Freightways, Inc. v. Moore

On June 16, 1948, the plaintiff and defendant entered into an Equipment Trip Lease Agreement, by which the defendant leased a truck to the plaintiff for a trip from Portland to Seattle and return, on a mileage basis. The defendant drove his own truck and was paid for his services separately from the truck hire.

Among other things, the lease provided:

“It is further mutually understood and agreed between these parties that if Lessor does not expressly authorize Consolidated to use its own regularly employed driver or drivers for the operation of said equipment during the period of this lease,…