Discount Rent-A-Car Corp. v. Universal Carloading and Distributing Co.

Defendant moves for summary judgment. Plaintiff requests summary judgment.

Plaintiff is in the auto leasing business. On August 10, 1964 plaintiff leased an automobile to one Pena, who in violation of the terms of his lease, removed the vehicle to California, where he engaged defendant to ship the automobile “ freight collect ” back to plaintiff. Upon arrival of the vehicle, plaintiff refused defendant’s demand for freight charges of $501.52, claiming that the vehicle had been stolen. When defendant refused to relinquish the vehicle, plaintiff brought on a writ of replevin and instituted this…