Hale v. Higginbotham

Nichols, Justice.

1. Under the testimony adduced upon the trial, the value of a "milk base” to a dairyman is that it determines the amount of milk which is salable at Class I prices, while any amount in excess of such "milk base” produced by such dairyman must be sold at a lesser price. There was evidence adduced which would have authorized the jury to determine that the price agreed upon by the parties was not inadequate so as to authorize the refusal of a specific performance decree upon such ground.

Nor is the contention of the seller meritorious that, since the quantity was unknown at the…