Gustafson v. Trocke Cafeteria Co.

In this action for the price of milk there was agreement between the parties as to both quantity and price. The sole issues tried arose from the defense and counterclaim. The former was that the milk delivered by plaintiff to defendant had been adulterated by the addition of water, and the counterclaim was for damages to defendant’s restaurant business claimed to have been caused by the use therein of the adulterated milk wrongfully furnished by plaintiff. After a verdict for plaintiff, defendant appeals from the order denying its motion for a new trial.

Plaintiff admitted that he had watered…