State v. Bounds

I dissent from the holding that as a matter of law Bounds was “furnishing . drivers” to the Gin within the meaning of Section l(j) of Article 911b. The expense of the drivers’ wages was ultimately borne by Bounds in the sense that the compensation paid him by the Gin on termination of the lease was the excess of the regular rates for hauling the cottonseed over the Gin’s direct expenses in operating the trucks (exclusive of social security and payroll taxes on the drivers). There is no finding, and the evidence does not conclusively establish, that Bounds would have been liable to the Gin if…