On appeal from the Supreme Court.
For the appellant, Riker & Riker (Andrew Van Blarcom, of counsel).
For the respondent, William A. Dolan.
The opinion of the court was delivered by
CAMPBELL, CHANCELLOR. The appellant is the operator of a creamery and the respondent a dairyman. The suit was brought to recover the difference between the price actually paid for certain quantities of milk by the respondent delivered to, and received by the appellant, from November 1st, 1931, to January 1st, 1932, and a higher price which respondent insisted should have been paid.
Respondent relied upon a circular received by him from the appellant, known as Exhibit P-1, as being an offer to accept milk at prices based upon butter fat, at a basic rate of $3.70 per hundred pounds for three and five-tenths per cent. milk, such prices beginning November 1st, 1931, and having delivered milk thereunder a contract came into existence between them that required the appellant to pay for all three and five-tenths per cent. milk delivered by the respondent
for the period of November 1st, 1931, to January 1st, 1932, at $3.70 per hundred pounds for which he should have received a total of $2,781.60, but in fact received only $1,777.74 and consequently there was due him from appellant $1,003.86.
The appellant asserted that this paper (P-1) is not an offer but a mere example sent by it to producers explaining a proposed method of payment and further asserted that the prices to be paid were fixed by a notice on a bulletin board at the creamery and introduced in the case and known as Exhibit D-7.
There appears to be no material difference between these two exhibits, so far as prices are concerned, but appellant contends that D-7, as posted, contained the following: "Providing there is no reduction to city trade." This was disputed.
It appears that appellant made reductions to its city trade and also undertook to make reductions because thereof in the price paid to respondent but put the latter reductions in effect as to milk delivered before notice of the decreased price.
The result of the trial of the cause was a verdict in favor of the respondent and from the judgment entered thereon this appeal is taken by the defendant below.
The first ground for reversal appears to be that Exhibit P-1 is not a contract or an offer looking to a contract and therefore it was error for the trial court to refuse to nonsuit and direct a verdict and also that it was error for the ...