Johnston v. L. B. Hartz Stores, Inc.

Loring, Justice.

This case comes here on an appeal from an order overruling a demurrer to the amended answer to the first of four causes of action stated in the complaint. This first cause of action sought a recovery of approximately $19,000, the difference between what the plaintiff had been paid as a contract carrier for transporting goods in this state for the defendant and the minimum rate for such transportation as fixed by the railroad and warehouse commission pursuant to the powers conferred upon it by L. 1933, c. 170, 3 Mason Minn. St. 1936 Supp. §§ 5015-20 to 5015-44. As a defense to…