Smith Canning & Freezing Co., a Corporation v. Lloyd Krause, Inc., a Corporation

In this case, which was tried in the United States District Court for the District of Oregon because of diversity of citizenship, judgment was rendered' for the plaintiff, a Washington corporation, against the defendant, an Oregon corporation. The defendant, Smith Canning and Freezing Co., has appealed the ease to this court.

The plaintiff’s suit was for its services in hauling pea vines which had been cut on the defendant’s land in Oregon and raked into windrows on the land. From the windrows they were loaded into the plaintiff’s trucks and hauled by the plaintiff to the defendnt’s processing plant, also in Oregon, where the peas were separated from the vines and then from the pods. The plaintiff performed this hauling service for the defendant for many years, each year during the short season of about six weeks during which peas were at the right stage of maturity for canning or freezing.

The suit here involved was based upon the plaintiff’s claim that the defendant paid the plaintiff, for the hauling service, less than the amount called for by annual contracts between the plaintiff and the defendant, which contracts were filed with and approved by the Commissioner of the…