Paul

This is an appeal from a judgment of nonsuit. The Director of Agriculture attempted to enforce the Milk Stabilization Law, division 6, chapter 17, of the Agricultural Code (Agr. Code, §§4256 and 4410, subd. (c)), and Stanislaus County Order No. 57 by filing a complaint alleging five causes of action against Wadler’s Cash & Carry, Inc. and Herman H. Wadler; the latter’s liability was based upon the allegation that the corporation was his alter ego. In the first four causes of action, it was alleged that during the months of November and December 1962, the defendants on four separate occasions sold a half gallon of fluid milk containing less than 4.2 per cent milk fat to E. L. Ranck for $0.51 and later paid to him $0.10 when he returned each empty half-gallon container to the particular store of defendant where the purchase had been made, thus, violating the minimum price of $0.46 for each half gallon. In each of these causes of action, it was claimed that the defendant had violated section 4361 of the Agricultural Code and hence had become liable to plaintiff for a civil penalty of $500 as provided in section 4410, subdivision (e), of the same code.

The complaint correctly set…