Townsend v. Flotill Products, Inc.

Plaintiff commenced this action to recover an indebtedness on a common count for services rendered at defendant’s oral and special request. Defendant answered and filed a cross-complaint alleging that defendant and plaintiff entered into oral contracts whereby plaintiff agreed to furnish trucking service for the hauling of peaches and tomatoes to defendant’s canneries, and alleging damages by reason of plaintiff’s breach of said contracts. Plaintiff admitted execution and alleged full performance of the agreement to haul peaches, but denied that an oral agreement to haul tomatoes as charged…