Bagnall v. Frank Fehr Brewing Co.

This is a suit to recover back the purchase price paid on a rescinded sale of 3000 cases of Ambrosia, a non-alcoholic beer manufactured by the defendant, Central Consumers Company. At the trial plaintiff dismissed as to Frank Fehr Brewing Company as its name was used merely as a trade name by the real party, defendant, Central Consumers Company.

The facts show that plaintiff was a wholesale liquor dealer in Kansas City, Missouri, and desired to add a non-alcoholic or near-beer line to his business. On the 31st day of January, 1917, plaintiff wrote defendant asking it to quote him the price of…