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BAKER v. W. J. KENNEDY DAIRY CO.

No. 6689.

77 F.2d 574 (1935)

BAKER v. W. J. KENNEDY DAIRY CO.

Circuit Court of Appeals, Sixth Circuit.

May 14, 1935.

Attorney(s) appearing for the Case

C. M. Youngjohn, of Detroit, Mich. (Butzel, Levin & Winston, of Detroit, Mich., on the brief), for appellant.

J. P. O'Hara, of Detroit, Mich. (Frank C. Cook, of Detroit, Mich., on the brief), for appellee.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Action for damages for breach of contract. A set-off was claimed by appellee. At the conclusion of all the testimony the court directed a verdict for the appellee upon appellant's action, and a verdict against appellant on appellee's set-off.

The controversy arises over a contract for the sale of milk by the Van Camp Milk Company, hereafter called the company, to appellee.1

It was pleaded both in the...

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