Gastley v. American Stores Co.

Griffith, J.,

Plaintiffs’ complaints set forth that each of them entered into a written agreement, dated August 30, 1937, with defendant, whereby defendant engaged their services in transporting defendant’s commodities; that said contract ran from year to year unless notice was given of intention to terminate, and that such notice was not given.

As to compensation, the contract provided as follows:

“9. The parties mutually agree that the compensation for such service outlined above shall not be fixed but shall vary with the tonnage, mileage, loading and unloading time, number of stops, road and…