Clarke's Trucking Co. v. Land Management Services, Inc.

The trial court found for the plaintiff in this action for trucking charges for hauling wood chips for defendant.

The controversy was over the rate to which the parties agreed. Plaintiff contended the parties agreed on a rate published in a tariff. On defendant’s objection, the trial court excluded an offered copy of the tariff. The plaintiff’s representative then was permitted to testify that the tariff provided for a rate of 56 cents per hundredweight on a net load based on a 46,000 pound minimum for a 160-mile haul, and that the defendant’s agent agreed to pay that rate. Defendant contends…