Food Co. v. . Elliott

Action commenced before a justice of the peace and tried upon appeal.

These issues were submitted, without objection:

1. Is the defendant indebted to the plaintiff, as allege in the complaint, and, if so, in what amount? Answer: No.

2. Did the plaintiff's agent, at the time of the sale, falsely represent and warrant the powders to be the same kind and quality as the Royal baking powder? Answer: Yes.

3. Did the said agent, at the time, know the representations as to kind and quality of the goods to be false, and were they made with intent to deceive defendant? Answer: Yes.

4. Did the defendant rely…