Gloria Ice Cream & Milk Co. v. Cowan

Plaintiff had, for many years, engaged in the business of buying, selling, delivering and distributing milk, cream and general dairy products by means of and over established trade routes. It employed the defendant Charles Cowan as a salesman and driver to deliver its dairy products over one of its routes on which there was an established and going trade list of customers for its commodities. Plaintiff paid Cowan a stipulated weekly wage, and for three years he continued to serve the customers of plaintiff, using plaintiff’s equipment for the service. During the period of this service, Cowan…