Neith Co-operative Dairy Products Ass'n v. National Cheese Producers' Federation

The f ollowdng opinion was filed December 4, 1934:

Wickhem, J.

Some confusion exists in this case because of the manner of disposition of the issues, but the difficulty is more apparent than real. The court found that plaintiff sold cheese of the value of $818.28 to defendant, and that this had not been paid for. That constitutes a finding that plaintiff is entitled to recover on his cause of action. The court further found that during the previous year there had been an overpayment by defendant in a sum at least as great as the demand of plaintiff’s complaint, which amounts to a finding that…