Schaefer v. Dudarenke

David Schaefer owned a hauling route for transporting milk from producers to the St. Kilian Cheese Factory. When Schaefer purchased the route in 1965, the producers were paying 10 cents per cwt. for having their milk hauled to the factory, and the factory was paying an additional 10 cents per cwt. for the hauling. The parties stipulated that Schaefer was an independent contractor. As is the custom in the trade, the factory would deduct the producers’ share of 10 cents per cwt. from the producers’ milk checks. The factory would then remit the producers’ share to Schaefer along with its own 10…