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DAIRYMAN'S COOPERATIVE CREAMERY ASSN. v. LEIPOLD

Docket No. 1776.

34 Cal.App.3d 184 (1973)

109 Cal. Rptr. 753

DAIRYMAN'S COOPERATIVE CREAMERY ASSOCIATION, Plaintiff and Respondent, v. JERRY LEIPOLD, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 5, 1973.

Attorney(s) appearing for the Case

COUNSEL

C. Richard Maddox for Defendant and Appellant.

Soares, Rawson & Silveira, Joseph L. Soares, Brian M. Rowson and William Silveira, Jr., for Plaintiff and Respondent.

OPINION

GARGANO, J.

The Dairyman's Cooperative Creamery Association, hereafter called the Co-op, brought this action, in common count, to recover the sum of $10,912.50 from appellant, Jerry Leipold; the common count was allegedly predicated on appellant's oral agreement to purchase 450 bags of dry milk powder from the Co-op.

In defending the action in the court below, appellant...

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