Ireland v. Louis K. Liggett Co.

The evidence warranted the following findings: The plaintiff’s intestate, Inez M. Ireland, hereinafter called the plaintiff, went to a store of the defendant to purchase a jar of cold cream, and having asked for a particular kind that she had used, was informed by the clerk who waited upon her that the defendant did not have it in stock, but had “a cream of their own . . . which was superior to the one she had been using” and which was "pure and healthful;” relying on his recommendation she purchased two jars placed in cartons. Both cartons and jars were labelled “ Biker’s Violet Cerate for…