Land O'Lakes Creameries, Inc. v. Commodity Credit Corp.

DEVITT, Chief Judge.

Plaintiff sues for $30,834.57, the unpaid balance on the price of dried milk sold to defendant. Defendant counterclaims for the same amount on the basis of an administrative board determination that some of the dried milk was infested with insects and that the defendant had properly rescinded part of the sales. The issue is whether to uphold the decision of the Board and thus to allow the defendant’s setoff.

The contracts of sale between Land O’Lakes and Commodity Credit Corporation (hereinafter called “C.C. C.”), provided for the submission of disputes to the contracting…