Kramer v. Carbolineum Wood Preserving Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Clarke county, Back, J., entered November 12, 1917, upon the verdict of a jury rendered in favor of the defendant by direction of the court, in an action for damages.
1Opinion of the CourtMount, J.
This action was brought to recover damages for the loss of a number of trees in a prune orchard. The complaint alleged that the damages were *402caused by the defendant preparing and putting up under a secret process in sealed tin cans a preparation called Avenarius Carbolineum, which was sold by the defendant under a representation printed upon the label on the cans stating that:
‘ ‘ Trunks of fruit trees painted with Avenarius Carbolineum will not be troubled with borers and will become healthier.”
The complaint alleged that, with knowledge of this representation and in reliance upon it, the…
2Cases cited1 opinion
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
3Cited by1 opinion
- Peregrine v. West Seattle State BankWashington Supreme Court · 1922