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HAWTHORN MELLODY FARMS DAIRY, INC. v. ROSENBERG

No. 55519.

11 Ill. App.3d 739 (1973)

297 N.E.2d 649

HAWTHORN MELLODY FARMS DAIRY, INC., Plaintiff and Counterdefendant-Appellee, v. BEN ROSENBERG, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois — First District (5th Division).

April 27, 1973.

Attorney(s) appearing for the Case

Edward R. Vrdolyak and Alan Conrad Mendelson, both of Chicago, for appellant.

John J. Coffey, of Chicago, (Rothschild, Barry & Myers, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Although Hawthorn Mellody Farms Dairy, Inc. originally sued Ben Rosenberg, an independent milk vendor, the instant case, by stipulation of the parties, proceeded only on two counts of Rosenberg's counterclaim against Hawthorn. Judgment was entered in favor of Hawthorn at the close of Rosenberg's evidence.

Count I thereof alleged breach of oral contract to trade milk routes. Count...

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