John A. Merz v. Sunnybrook Farms Milk And Ice Cream Co.

258 F.2d 188 John A. MERZ and Charles L. Bray, doing business as All-Jersey Dairy, Appellants, v. SUNNYBROOK FARMS MILK AND ICE CREAM CO., Inc., a corporation and Polar Pie Ice Cream Corporation, Appellees. No. 15665. United States Court of Appeals Ninth Circuit. August 12, 1958. Rehearing Denied October 20, 1958. 1 Barzee, Leedy & Erwin, Robert A. Leedy, Herman L. Lind, Jr., Portland, Or., for appellants. 2 Bryson & Deich, Dean F. Bryson, Portland, Or., for appellees. 3 Before HEALY and FEE, Circuit Judges, and CHASE A. CLARK, District Judge. 4 CHASE A. CLARK, District Judge. 5 Appellants were distributors in Cowlitz County, Washington, of milk furnished them by Appellees who were milk processors in Portland, Oregon. After a period of dealings without a contract the parties entered into a written contract on June 23, 1954, under terms of which the Appellees would furnish Appellants with their requirements of milk, cream, milk by-products and ice cream, and Appellants would buy all of their said requirements from Appellees, who would also furnish the milk containers. The contract was for a period of three years. 6 A Cowlitz County ordinance required that milk contain a…