Bertram v. Danish Creamery Assn.

This is an appeal by plaintiff from a judgment of nonsuit. Two causes of action were alleged in plaintiff’s complaint, one for an alleged balance due to him "for milk delivered to defendant, and the other upon an open book áecount arising out of the same transaction.

The evidence produced by plaintiff in support of his complaint shows that he has been a member of defendant association in good standing since November, 1935. He is a producer of Grade “A” milk which he distributes by means of delivery routes to retail customers in the city of Chowchilla. All milk not necessary for his retail…