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CONSOLIDATED PRODUCTS CO. v. BLUE VALLEY CREAMERY CO.

No. 11011.

97 F.2d 23 (1938)

CONSOLIDATED PRODUCTS CO. v. BLUE VALLEY CREAMERY CO.

Circuit Court of Appeals, Eighth Circuit.

May 25, 1938.

Attorney(s) appearing for the Case

John T. Chadwell, of Chicago, Ill. (Victor P. Kayser, of Chicago, Ill., Floyd M. Sprague, of St. Joseph, Mo., Nicholson, Snyder, Chadwell & Fagerburg, of Chicago, Ill., and Mayer, Conkling & Sprague, of St. Joseph, Mo., on the brief), for appellant.

Benjamin Phillip, of St. Joseph, Mo. (R. E. Culver and Culver, Phillip, Kaufmann & Smith, all of St. Joseph, Mo., on the brief), for appellee.

Before STONE, GARDNER, and WOODROUGH, Circuit Judges.

WOODROUGH, Circuit Judge.

This is an action at law in which the Blue Valley Creamery Company sued to recover the contract price of buttermilk sold to the defendant Consolidated Products Company. There have been two trials of the case to the District Court, the jury being waived. On the first trial of the case, the District Court dismissed the action at the close of the plaintiff's testimony on the ground that the contract sued on was oral and was by the terms thereof...

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