Frost v. Alward

VICTOR E. SHAW, J.,

pro tem.

In this action plaintiff sought recovery of damages for the breach of an alleged written contract. At the conclusion of. plaintiff’s evidence the court made an order granting defendants’ motion for a nonsuit upon the ground “that no contractual relation had been established between plaintiff and defendants in the action. ’ ’ In accordance with such order judgment was entered from which plaintiff appeals.

It appears that at the times in question defendants were contractors engaged in the carrying of United States mail and parcel post from Redding to other points in Califomiaj

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that on August 14, 1915, two documents set forth in the complaint, designated therein as Exhibit “A” and Exhibit “B,” as constituting the alleged contract between the parties, were executed in form and terms as follows:

“Exhibit ‘A.’

“Bedding, Cal., August 14th, 1915.

“We the undersigned agree to pay A. G. Frost for the hauling of Parcel Post from Bedding to Weaverville the following rates $1.40 per hundred pounds from December 1st

1915 to April 15, 1916, from April 15, 1916 to December 1st,

1916 $1.00 per hundred pounds, the same each consecutive year as long as our Contract with Government holds, and the rates to intermediate points the same as per Contract price from the Government. Save and except that portion that we might haul on our Daily stage and not to exceed 750 pounds per day in excess of our 600 pounds load required by the Government.

“Said hauling to be done as required by the Government. Said A. G. Frost is to receive and deliver Parcel Post in good order as received to the different points mentioned.

“Leslie T. Alward.

“C. F. Brouillaed.”

“Exhibit ‘B.’

“Bedding, Cal., August 14th, 1915.