If the price of certain service is fixed by law, and the parties have no power to modify such rate by contract, a contract by which a different rate is fixed is inoperative, even if it was entered into by mistake of both parties as to the rate which was fixed by law; and accordingly the party for whom such service is rendered is bound to pay the rate which is fixed by law.1 He can not avoid liability for the legal rate on the theory of mistake.2 Both parties may be treated as if they had actual knowledge of the rates fixed by law. At the same time this explanation is not necessary, since the legal rate controls without any regard to the actual or constructive intention of the parties.

10 Carwell v. Dennis, 101 Ark. 60S, 143 S. W. 135.

11 Lamoreaux v. Phelan, 89 Neb. 47, 130 N. W. 988.

12 Drakiaboro Coal, Coke & Mining Co. v. Brasheare, 144 Ky. 30, 137 S. W. 765.

13 Willson v. Legro, 75 N. H. 314, 74 Atl. 181.

14 Wilson v. Gunning, 80 la. 331. 45 N. W. 920.

15 Rogers v. Pattie, 06 Va. 408, 31 S. E. 807.

16 Giymes v. Sanders, 03 U. S. 55, 23 L. ed. 798.

17 Newton v. Tolles, 66 N. H. 136, 40 Am. St. Rep. 503, 9 L. R. A. 50, 19 Atl. 1092.

18 Calhoun v. Teat, 106 La. 47, 30 So. 288.

19 Selby v. Matson, 137 la. 97, 114 N. W. 609.

20 See Sec. 261.