Sealtest Southern Dairies Division v. Evans

Bell, Judge.

The major issue to be decided is whether or not the defendant’s cross-action praying for damages by reason of the alleged breach by the plaintiff of the contracts to supply milk imposes liability upon the plaintiff for the “reasonable market value of said business at the time of the breach.” While the plaintiff did not demur to the defendant’s cross-action, we do not feel that it is necessary to do so if the measure of damages sought to be recovered is not the one legally allowable. Edelson v. Hendon, 77 Ga. App. 395 (48 S. E. 2d 705). Here the plaintiff contracted, at first…