Crabb v. Mid-American Dairymen, Inc.

BLACKMAR, Judge.

The plaintiff is the proprietor of a pizzeria in Springfield. At one time he was a franchisee of Shakey’s, which operates a national chain of owned and franchised pizza parlors. The defendant is a processor of dairy products and a producer of cheese of several varieties. The plaintiff sued the defendant on unrelated claims, as follows: for commissions, or brokerage fees, on sales of cheese to Shakey’s and Shakey’s franchisees (Count I); and for actual (Count II) and punitive damages (Count III) for fraud and deceit in the sale of allegedly misbranded or adulterated cheese to…