Aetna Insurance v. Cooper Wells & Co.

ALLEN, Circuit Judge.

This appeal arises , out of a summary judgment rendered by the District Court against appellants, plaintiffs below.1 The complaint set up an action on contract arising out of an alleged agreement for the transportation of certain merchandise, the property of plaintiff Holeproof Hosiery Company, hereinafter called “Holeproof,” in defendant’s motor truck from Cullman, Alabama, to Milwaukee, Wisconsin. It was alleged in substance *343that it was agreed that defendant was to be paid at the rate or rates chargeable for similar services by common carriers, that regular bills of…