Baker v. W. J. Kennedy Dairy Co.

ALLEN, Circuit Judge.

Action for damages for breach of contract. A set-off was claimed by appellee. At the conclusion of all the testimony the court directed a verdict for the appellee upon appellant’s action, and a verdict against appellant on appellee’s set-off.

The controversy arises over a contract for the sale of milk by the Van Camp Milk Company, hereafter called the company, to appellee.1

It was pleaded both in the declaration and in the reply that under this contract the parties, by the use of the expression “weighted price,” understood and agreed that the price paid to the company for…