Consolidated Freightways Corp. v. Bergan

DONALDSON, Justice.

Plaintiff-appellant Consolidated Freight-ways initially instituted suit to recover certain freight charges from the defendant-respondent, Herman W. Bergan, dba Commercial Tire Supply. Upon stipulated facts and the parties’ briefs, the magistrate court held for the defendant in a memorandum decision. The plaintiff appealed to district court which reversed and remanded the case for evidence pertaining to the intent of the parties. From the district court’s order remanding for further evidence, plaintiff appeals.

The stipulated facts are as follows:

Plaintiff, Consolidated…