Allen Quarries, Inc. v. Auge

DANIEL E. SCOTT, Judge.

Defendant Mike Auge ordered a load of crushed rock from Plaintiff Allen Quarries for a driveway project at Defendant’s rural home. Plaintiffs business was crushing rock and delivering it in dump trucks. Plaintiffs owner, Larry Allen, had a commercial driver’s license and personally delivered crushed rock to Plaintiffs customers. Mr. Allen had delivered Defendant crushed rock in the past, including two loads for the same driveway project several months earlier.

Defendant ordered the load in question by calling Mr. Allen, who knew it had recently rained, and asking…