Groseclose v. Cherokee Creamery, Inc.

In January, 1929, a contract was entered into between the parties to this suit (and others not herein joined) by which the complainants agreed to sell and deliver to defendant all milk produced by herds of milch cows owned by them for a period of five years, defendant to accept and pay for same at 70 cents per butter fat pound. The market price of milk having* fallen greatly in the winter of 1931-1932, the creamery sought a concession in the contract price to 45 cents. No agreement was reached, but checks "for January, 1932, milk deliveries, sent out February 10', 1932, were drawn on"the 45…