Hawthorn Mellody Farms Dairy, Inc. v. Rosenberg

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 III alleged breach of a written union contract to provide for route riders. Although the union contract was not exhibited with the counterclaim, it quoted the applicable provision:

“Processor to furnish route rider for…