Three Star Food Products Corp. v. Ofsa

Meredith, Judge:

Defendant, Ofsa, seeks to reverse the judgment of the circuit court of McDowell County, rendered against him in a proceeding by notice of motion for the recovery of the price of a quantity of malt extract and hops sold to defendant by plaintiff. The circuit court directed the jury to return a verdict for plaintiff for the amount sued for, $343.00, and judgment was entered thereon.

The facts are largely undisputed. Defendant is the owner of a grocery and meat shop in the town of Keystone. Plain*637tiff, a Baltimore concern, is the manufacturer and dispenser of a preparation called…