Dodd v. Polack

This is essentially another factual appeal. Con-cededly, Fred Dodd, the plaintiff, delivered to the defendants (d/b/a Acme Poultry Company) between May 11 and May 30, 1961, 182,668 pounds of fryers for which he was paid at the rate of 17 cents a pound. It is his contention that he was to receive 18 cents a pound, and this action was brought to recover the additional one cent a pound, i.e., $1,826.68. He secured a judgment in that amount from which the defendants appeal.

While the major portion of the appellants’ briefs deals with the unlikelihood that there was ever any promise to pay the…