Document No. 23). Requests for Findings of Fact and Conclusions of Law were filed in the winter of 1959; supplementary letters, with authorities, were received in 1959 on or about January 5, March 31, April 16, and April 20; and oral argument was heard on March 30, 1959.
II. Findings of Fact
The hearing judge makes the following Findings of Fact:
1. John Welker, prior to February 1954, was the owner of a motor trucking business known as Supreme Motor Freight, operating such business as a common carrier subject to the regulations of the Interstate Commerce Commission.
2. For several years prior to February 1954, while he was operating his business, John Welker had a successful business relationship with a company known as Hammond Iron Works, from which he received for his hauling services in 1953 $ 28,940.73, and for the first five weeks in 1954 $ 3,823.21.
3. Margie Welker, John Welker's wife, actively assisted her husband in his business from about the middle of 1951 to February 1954 by supervising the bookkeeping, drawing and depositing checks, and generally participating in the operations of the company. She had knowledge of the negotiations and arrangements with Louis Winter and Robert Holland for the purchase of the business, as well as that plaintiff demanded in 1953 or 1954 repayment of his advance of $ 12,500.
4. Prior to her participation in the business of Supreme Motor Freight, Margie Welker had no experience or special skill in the trucking business.
5. On or about February 1, 1954, Margie Welker entered into the trucking business under the name M. Welker Truck Leasing, operating such business by renting trucks, without drivers, on a ton per mile basis, without restriction as to points of travel.
6. M. Welker Truck Leasing was located on the same premises (203 Bridgewater Road, Croyden, Pa.), and listed under the same telephone, as Supreme Motor Freight.
7. On February 1, 1954, M. Welker Truck Leasing entered into a contract with Hammond Iron Works, which was its first and, throughout its operation, its biggest customer.
8. This contract was renewed by the parties under substantially the same terms in 1955 and 1956.
9. On February 1, 1954, Supreme Motor Freight ceased doing business with Hammond Iron Works.
10. On or about February 1, 1954, Supreme Motor Freight transferred to M. Welker Truck Leasing, through certain finance companies and banks acting on the request of Supreme Motor Freight, three Brockway Tracter Trucks Freight, three Brockway Tractor Trucks
11. These six pieces of equipment were the first pieces of equipment owned by M. Welker Truck Leasing and were essential to its entering into the contract with Hammond Iron Works.
12. By the end of 1954, and throughout its operation, M. Welker Truck Leasing possessed other pieces of equipment with which it carried out its business.
13. The willingness of Hammond Iron Works to enter into a business relationship with M. Welker Truck Leasing was the result of Hammond's satisfactory business relationship with John Welker.
14. The value to M. Welker Truck Leasing of its relationship with Hammond Iron Works was the result of the efforts of John Welker.
15. The benefits received by M. Welker Truck Leasing through its relationship with Hammond Iron Works totaled $ 145,646.85, of which $ 70,920.93 was received in 1954, $ 57,238.67 in 1955, and $ 17,487.25 in 1956.
16. The net profit realized by M. Welker Truck Leasing was $ 14,725.82 in 1954, $ 8,342.32 in 1955, and $ 2,487.41 in 1956.
17. The value of the six pieces of equipment, at the time they were received by M. Welker Truck Leasing in February 1954 From Supreme Motor Freight totaled $ 11,779.97, itemized as follows:
1945 Brockway Tractor (#30) $ 300.00
1951 Brockway Tractor (#34) 3,592.70
1951 Brockway Tractor (#36) 3,973.77
1951 Dorsey Trailer (#33) 1,092.50
1952 Dorsey Trailer (#35) 1,410.50
1952 Dorsey Trailer (#37) 1,410.50
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