Commonwealth v. Previte

This case was heard by a judge sitting without jury under G. L. (Ter. Ed.) c. 263, § 6. It was presented on agreed facts, which denied to the court any power to draw inferences. Cunningham v. Connecticut Fire Ins. Co. 200 Mass. 333. The defendant kept in cans for sale oil known as Previte Brand Olive Oil. Although the label bore the word “blended,” it bore also the words “Superfine Imported Olive Oil Guaranteed Pure,” and the words “Antonio Previte & Figlio, Messina (Italy).” The oil was in fact a blend containing fifteen per cent of olive oil imported from Italy and eighty-five per cent of…