Consolidated Products Co. v. Blue Valley Creamery Co.

WOODROUGH, Circuit'Judge.

This is an action at law in which the Blue Valley Creamery Company sued to recover the contract price of buttermilk sold to the defendant Consolidated Products Company. There have been two trials of the case to the District Court, the jury being waived. On the first trial of the case, the District Court dismissed the action at the close of the plaintiff's testimony on the ground that the contract sued on was oral and was by the terms' thereof not to be performed 'within one year from the making thereof;-and therefore could not be enforced under the Missouri statute of…