Kentner Truck Line, Inc. v. Maier Brewing Co.

Plaintiff Kentner Truck Line, Inc., a radial highway common carrier, in a complaint of three counts, sued defendant Maier Brewing Company for undercharges growing out of transportation services furnished between the years 1952-1954 inclusive. Each count carried a demand for somewhat less than the jurisdictional amount of the superior court but the total fulfilled this requirement. A demurrer was filed to each count. It was overruled as to count one but was sustained as to counts two and three on the ground that said counts were barred by the statute of limitations. Following trial by court, judgment was entered for plaintiff on the first count in the sum of $2,531.36 which included $73.73 in federal taxes, from which judgment defendant appeals.

The facts are not in dispute. During the years 1953 and 1954 defendant kept one million or more pounds of rice on hand at the premises of its supplier, C. E. G-rosjean Rice Milling Company, in San Francisco. Defendant’s president testified that in January of 1953 a representative of plaintiff quoted a price of about 36 or 37 cents per 100 pounds for the bulk shipping by truck of said rice from San Francisco to defendant’s place of business…