Cudahy Packing Co. v. Baskin

The appellant is engaged in the packing and selling of meats, including sausage. It sold to a retail dealer a tin can containing sausage packed in oil; the can was hermetically sealed, and was not shown to have been broken when received by the dealer. After receiving the sausage, the dealer cut the top off of the can by means of a can opener used by him for such purpose in opening all canned goods received by him, including sardines and similar articles, when purchased by his customers who desired the immediate opening thereof. This can opener was not dealt with by him in such manner as to…