Appeal cases under the Sale of Food & Drugs Acts, 1875 & 1879, and the Margarine Act, 1887 / by B. Scott Elder.

  • Elder, B. Scott
Date:
1900
Catalogue details

Licence: In copyright

Credit: Appeal cases under the Sale of Food & Drugs Acts, 1875 & 1879, and the Margarine Act, 1887 / by B. Scott Elder. Source: Wellcome Collection.

    60/108 (page 44)
    to the article itself when received, but not appearing to be the vendor’s label, can be looked at as con- taining the warranty, though they may serve to identify the article as purchased under the particular contract. Laidlaw v. Willson, [1894] 1 Q. B. 77 ; 58 J. P. 58, distinguished. HAWKINS v. WILLIAMS (1895). 59 J. P. 533. Written warranty—Invoice. Upon the sale of butter to the respondent, the invoice, dated the day of sale, contained the words, “ guaranteed pure,” followed by the initials of the vendor, whose full name was upon the invoice. Some of this butter was subsequently sold to the appellant by a servant of the respondent in the respondent’s shop, and on analysis, was found to contain an admixture of 17 per cent, of foreign fat. The respondent’s manager was summoned for an offence under s. 6 of the Sale of Food and Drugs Act, 1875. At the hearing the name of the defendant was, by his consent, substituted for that of his manager, but against the consent of the prosecutor. The respondent relied on the invoice as a written warranty within s. 25 of the same Act, and the