BLUE VALLEY CREAMERY CO. v. CONSOLIDATED PRODUCTS CO.

No. 10348.

81 F.2d 182 (1936)

BLUE VALLEY CREAMERY CO. v. CONSOLIDATED PRODUCTS CO.

Circuit Court of Appeals, Eighth Circuit.

January 24, 1936.


Attorney(s) appearing for the Case

Ben Phillip, of St. Joseph, Mo. (Culver, Phillip, Kaufmann & Smith, of St. Joseph, Mo., on the brief), for appellant.

John T. Chadwell, of Chicago, Ill. (Russell Greenacre, of Chicago, Ill., and Charles H. Mayer and Floyd M. Sprague, both of St. Joseph, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.


GARDNER, Circuit Judge.

This is an action at law brought by appellant to recover the contract price of buttermilk sold and delivered by it to appellee. On written stipulation of the parties a jury was waived and the action was tried to the court. We shall refer to the parties as they appeared below.

At the close of plaintiff's case, the court sustained a motion for judgment in favor of defendant on the ground that the contract sued upon could not be enforced...

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