Blue Valley Creamery Co. v. Consolidated Products Co.

GARDNER, Circuit Judge.

This is an action at law brought by appellant to recover the contract price of buttermilk sold and delivered by it to appellee. On written stipulation of the parties a jury was waived and the action was tried to the court. We shall refer to the parties as they appeared below.

At the close of plaintiff’s case, the court sustained a motion for judgment in favor of defendant on the ground that the contract sued upon could not be enforced because within the Missouri statute of fratids, and from the judgment entered dismissing plaintiff’s action this appeal has been…