Karlen v. Hadinger

The appellants, proprietors of a cheese factory, had a contract with respondent for the delivery of milk. This contract contained a stipulation that if the respondent delivered milk which was adulterated, skimmed, or watered he should he liable to a penalty of $50 to be paid to the appellants, and by appropriate provisions appellants’ damages were fixed at that sum in case of such breach. In this action to recover these damages the appellants made proof of the delivery of milk by the respondent from which samples were taken and submitted to what is known as the Babcock test. The specific…