DOUGLAS WAREHOUSE, INC. v. VITKO

Civ. No. 8559.

179 N.W.2d 733 (1970)

DOUGLAS WAREHOUSE, INC., a Corporation, Plaintiff and Respondent, v. George VITKO, Defendant and Appellant.

Supreme Court of North Dakota.

September 21, 1970.


Attorney(s) appearing for the Case

Arnason & Pearson, Grand Forks, for plaintiff and respondent.

William R. Mills, Bismarck, for defendant and appellant.


STRUTZ, Judge, on reassignment.

This action arises out of an oral agreement for hauling merchandise entered into by the parties. The plaintiff needed someone to haul its goods, and the defendant, who owned a truck and two trailers, desired employment as a trucker. The evidence is conflicting as to which party contacted the other, as is the evidence on most issues in the case. In any event, it is conceded by both parties that, early in 1962, the matter of having the...

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